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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You have been appointed by the parents or the court to protect the property of a child until this child reaches the age of majority or is emancipated. In addition to the responsibilities you have in common with the legal tutor (parent), you have certain specific responsibilities.
If you were appointed to replace an existing dative tutor or the parents, you do not have to provide an inventory if your predecessor has given you their final administration report. This document is sufficient, unless your taking up of office coincides with a change in the child’s patrimony.
You must provide an inventory of the child’s patrimony as soon as you take up your functions, regardless of the value of the patrimony.
Are you only tutor to the property? In addition to giving this inventory to the tutorship council, the Curateur public and the child (if they are 14 or older), you must give it to the tutor to the person. The same applies to all the administration reports you have to file annually, including the end of tutorship report.
You must make sure to keep the child’s property separate from that of the tutors. For example, it is important to keep separate bank accounts.
You also have to apply to the court to have a tutorship council appointed, if you were designated by the parents.
The tutor to the person is usually responsible for defending the child’s rights, even when the issue involves property. However, you may also exercise the child’s rights for all matters concerning your administration.
The dative tutor to the person is absent, so you seek a remedy against an insurer who refuses to pay a claim after the child’s computer equipment is stolen
Maybe administering the child’s assets takes up a lot of your time and no arrangements were made to remunerate you when you were appointed? You may apply for remuneration to the court, which will ask the opinion of the tutorship council. The court then sets an amount to be paid from the child’s assets. Your own financial situation has no bearing on this amount, which is usually an hourly rate.
Unlike the parents, you may ask the court to relieve you of your functions as tutor. However, you must have valid reasons for doing so (e.g. frequent travel abroad, serious illness).
You should first notify the tutorship council of your decision. The tutorship council also has to arrange for your replacement.