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Law to better protect
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The tutor, curator or mandatary to the person is responsible for a number of aspects.
The Curateur public plays an advisory role
A tutor or curator who is not sure what decision to take may contact the Curateur public and seek the advice of the person in charge of the incapacitated person’s file; before doing so, they should consult the tutorship council. The Curateur public may also give advice to a mandatary.
The representative has to:
In practice, this means the tutor, curator or mandatary has to:
The representative is not necessarily expected to take the person in and accommodate them under their own roof. They may arrange for someone else to accommodate and maintain the person. However, the representative must ensure that the person lives in an appropriate setting, given their state of health and income, and taking into account their wishes.
Examples
The person under protection may also initiate the procedure for review or lifting of the protective supervision.
Like the assessment required for opening of protective supervision or homologation of a mandate, the reassessment has a medical component and a psychosocial component.
The tutor, curator or advisor may ask for the protection measure to be reviewed at any time, depending on the person’s state of health. The mandatary may also do so:
By law, the representative is obliged to arrange for reassessment of the person’s condition:
The representative to the person may also ask the court to lift the protective supervision if the person is no longer incapacitated.
The representative to the person (tutor, curator or mandatary) has to defend the protected person’s rights, even if these rights pertain to the person’s property. However, the mandatary to the property may institute legal proceedings concerning this property.
The representative to the person is not supposed to manage the person’s property. However, each year they receive a copy of the annual administration report that their counterpart responsible for property gives to the tutorship council and the Curateur public. Based on this report, they can form an opinion about the other representative’s performance. If something is wrong with the administration, the representative can ask the court to appoint someone else to manage the property.
If the protected person moves to a new address, it is the duty of the tutor or curator looking after the person to notify the Curateur public.
