Trusteeship

In Right French, the trusteeship is a measurement pronounced by the Juge of the supervisions allowing to protection by a Curateur of a major incompetent. This major can only achieve certain acts of the civil life, but for the acts of provision (purchase of a house, etc), the major one protected must achieve them with the councils and the control of sound curateur.

It is necessary to distinguish the simple trusteeship during which the protected person carries out only the acts of the civil life but requires the agreement of her curator for the important acts, of reinforced trusteeship (article 512) during which it is the curator who carries out only the acts of the civil life, the important acts requiring the double signature of the protected person and his curator.

Trusteeship is governed by articles 508 to 515 of the Civil code French.

Opening of trusteeship

Trusteeship can be open when the major one:

  • is out of state to act itself
  • needs to be advised or controlled in the acts of the everyday life (Article 508 c.civ).
  • by its prodigality, its intemperance, or its idleness is exposed to fall into the need or compromises the execution of its family obligations (Article 509 and 488 al 3 c.civ).
CAUTION: the law of March 5th, 2007, which will come into effect the 1.1.2009, will remove trusteeship due to " prodigality, intempérence and oisiveté".

Organization and operation

Trusteeship includes/understands one body: the curator (Article 509-1 c.civ). The curator is the spouse with whom there is a community of life. If not, it is indicated by the judge of the Supervisions.

The curator has as a function to assist the major one protected and can manage his goods. He must however make report of his management annually.

The curator intervenes in the acts which the tutor could not only carry out.

The acts being able to be cancelled same as those of major are placed under safeguard of justice. The major one under trusteeship cannot freely test, and can make a donation only with the assistance of its curator. For the marriage, one needs the assent of the curator, failing this that of the judge of the supervisions (Article 513 and 513 c.civ).

See too

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