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.

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