Adult under legal guardianship
Safeguarding justice (1-year maximum renewable once)
Effects
- Directly protects the heritage of the individual.
- Retains the exercise of their rights within the limits of the powers attributed to an agent (art 437 Civil Code).
- Acts established during the backup can be cancelled in case of injury or reduced in case of excess. But the invalidity action can only be initiated by the protected person.
- Previous acts can be cancelled within 5 years.
Impact on real estate
- The protected adult retains the exercise of all their rights and therefore their legal capacity to sell / donate their property, unless the judge transfers this to the guardian.
Guardianship (5 years renewable once)
Effects
- Advice and control measure
- Retains the exercise of its administrative acts.
- The guardian protects and assists adults in the management of their assets, unless limited by the judge.
Single Guardianship
- Protected adults can manage and administer their property but must be assisted by the guardian when acting on arrangements.
- The judge can adapt it.
Reinforced guardianship
- Guardian receives the income of the protected adult
Impact on real estate
- For organising acts of arrangements, adults under guardianship must be assisted by their guardian.
- A protected adult cannot sign a deed of sale / purchase of real estate on his own.
- The consent of the judge is required for this type of act.
Tutorship (5 to 10 years renewable)
Effects
- Continuous representation measure in civil life acts.
- All acts performed by the individual are deemed to be void.
- The tutor manages the management of the patrimony of the protected adult.
- The tutor performs the conservatory and administrative acts alone.
- Acting on an arrangement must be authorized by the judge or the family council.
Impact on real estate
- Arrangements must be authorized by the judge or the family council.
- The protected adult will not sign the deed of sale / purchase of real estate, only the guardian will sign.