Curateur public
In emergency or other exceptional circumstances, one of the measures listed below can be used when it concerns the management or preservation of the property of a vulnerable person.
A judicial mandate is not a permanent alternative to the instituting of protective supervision. However, it may be useful pending the opening of protective supervision or homologation of a mandate, or to enable a specific transaction (e.g. sale of real estate) to proceed.
The court may authorize a spouse to execute alone an act for which the consent of the incapacitated spouse would normally be required (e.g. sale of a vehicle or real estate). This special, temporary recourse is known as a judicial mandate. Only the court has the authority to grant such a mandate for the purpose of resolving a deadlock, or to amend or revoke it.
The court may also authorize the other spouse to administer the property administered by the incapacitated spouse under the matrimonial regime.
Management of the business of another is only used in emergencies and exceptional circumstances. It is not an authorization granted by a court proceeding or government body but simply a general principle of law allowing steps to be taken as and when required to preserve the property of a person who is unable to intervene. The expenses involved are reimbursed out of the property owner’s patrimony.
Anyone may use management of the business of another: this includes personnel from the health network and the Curateur public, if it is informed by health personnel of the need to institute protective supervision.
Examples
Management of the business of another may be invoked in the following situations:
