Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
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One of your first obligations is to immediately INFORM the tutor, the child (if they are 14 or older) and the Curateur public of the name and address of each member of the tutorship council and the secretary, and of ANY CHANGE in these details.
As the tutorship council, your role is to ensure:
This page gives an overview of your function.
The tutor (legal, dative or suppletive) must, for example, take steps to defend the child’s rights, accept an inheritance or receive an indemnity on the child’s behalf. You should make sure they do so at the appropriate time.
In addition, you should see that whenever possible, and taking into account their degree of discernment, the child is consulted about decisions affecting them. At the very least, make sure they are informed if they are 14 or older.
To fulfil your duties properly, you must receive a copy of the following documents:
Your mandate as tutorship council is mainly to monitor the administration and assist the tutor. You should verify the documents that the tutor has to submit to you annually. If you have any questions about the tutor’s administration, you may also consult the supporting documents.
Among others, your authorization is required for:
Before authorizing the acceptance of a donation with a charge, you must ensure that the obligation involved is not too onerous, and that despite this charge, the donation will ultimately result in a net profit for the child.
The Curateur public plays a supervisory role, monitoring the child’s tutorship. It may ask for any of your authorizations, decisions or advice in writing.
You have to give your opinion:
If the tutor dies, is no longer able to perform their duties or does not fulfil their obligations, it is your duty to ask the court to appoint a new tutor.
Any interested adult may, for a valid reason (e.g. a decision going against the child’s interests), ask the court to review a decision of the tutorship council; this is usually done within 10 days of the decision.
As tutorship council, you play a key role. Therefore anyone in the child’s circle may, for valid reasons, ask that all members of the tutorship council be replaced.