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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Sometimes the tutor (parent, dative tutor or suppletive tutor) does not look after all of the child’s property because some of it is administered by someone else. This other person may be:
All these people must act with the same vigilance, loyalty, prudence and honesty as the tutor.
Simple administration involves conserving and maintaining the value of the child’s property while making presumed sound investments.
A person with full administration has broader powers: these involve building on the child’s patrimony wherever possible, and in the child’s interests. Provided they are not in conflict of interest, an administrator with these powers does not require specific authorization to:
The administrator manages the property entrusted to them based on powers of simple or full administration:
The above administrators do not have to submit reports, unless the will or deed of trust obliges them to do so.
However, they are answerable about their administration to the tutor, at the tutor’s express request, because the tutor retains the right and obligation to ensure the child’s interests are protected.
If the deed appointing them does not specify their powers, an administrator other than a trustee or liquidator has the same rights and obligations and the same simple administration powers as the dative tutor to the property.
Among others, they must:
When it acts as dative tutor to the property, the Curateur public has the same monitoring obligations as a private tutor in relation to a trustee, an estate liquidator or any other administrator.
The parents (legal tutors), the dative and suppletive tutors have no reports to produce about property administered by other people. However, as the child’s legal representative, the tutor must make sure that these other persons are acting in the child’s interests and not overstepping their powers. The tutor may take the appropriate measures to ensure the administrator fulfils their obligations; if these measures are unsuccessful, they may ask the court to replace this person.