How can relatives control the action of the guardian or curator?

The Family Council may appoint one of the following persons:

• Parent or close person
• No one with whom the protected middle finger lives in couple
• Person chosen in advance by the middle finger himself. The choice must have been made by a written act in full by the hand of the middle finger or by authentic instrument.

If the guardian is a parent or allied of the minor in his father's family, the subrogate guardian is chosen, if possible, from his mother's family (and vice versa).

If no family member or relative can assume the duties of subrogate guardian, the judge shall appoint a judicial representative the protection of adults.

Supervision of the acts of the guardian

• The subrogate guardian watch the acts of the guardian. It does not have the power to oppose it because the law does not give it the power to manage itself. If there is any doubt or mismanagement on the part of the guardian, his only power is to refer the matter immediately to the judge for review inform.
• The subrogate guardian assistant or represents the protected person where the interests of the protected person conflict with those of the guardian. This is the case, for example, in the case of the settlement of an estate, and the guardian is the brother of the protected person. The guardian cannot be judge and jury.
• The subrogate guardian must be informed and consulted by the guardian first act of disposition performed by the latter.

Audit of the revenue and expenditure account

Each year, the guardian must, in particular, provide the subrogate guardian, if he has been appointed, with a copy of the revenue and expenditure account and supporting documents.

The subrogate guardian shall verify the revenue and expenditure account before forwarding it with his observations to the Chief Registrar.

The judge may decide that the task of auditing and approving the accounts belonging to the Chief Registrar shall be exercised by the subrogate guardian.

Once appointed, the subrogate guardian certifies to the judge that the guardian is properly performing his or her duties.

When he replaces the guardian, the substitute guardian cannot vote in the family council. The family council decides whether the guardian should be replaced by the subrogate guardian, in particular when a decision involves the guardian.

The responsibility of the subrogate guardian may be engaged in the following cases:

• He found that the guardian had committed errors in the performance of his duties and he did not inform the judge immediately
• The guardian has ceased his duties and the substitute guardian does not inform the family council of the need to have the guardian replaced

The surrogate guardian may be removed from his duties by the family council in cases of, for example, negligence, fraud, incompetence.

The Family Council may appoint an ad hoc guardian in the following cases:

• Where the interests of the guardian conflict with those of the protected person

• Where the guardian cannot provide assistance to the protected person because of the delimitation of his duties by the judge. This is the case, for example, when the guardian is responsible only for management actions and cannot perform the acts of disposition.

The ad hoc tutor ensures that punctual the role of substitute guardian.

The mission of the subrogate guardian ceases simultaneously than the guardian's. Thus, the subrogate guardian does not replace the guardian whose mission ends.

The guardian's mission ends on the day of the protected person's death.

It may also end if

• At any time if the judge decides that it is no longer necessary, at the request of the adult or any person entitled to request guardianship. The judge decides after medical advice.
• At the end of the fixed period, in the absence of renewal of the guardianship
• If a curatorship measure is issued in place of guardianship