How can relatives control the action of the guardian or curator?
Verified 20 December 2022 - Directorate for Legal and Administrative Information (Prime Minister)
To associate the family with a protective measure, the judge and/or the family council may appoint one of its members as subrogate guardian or subrogate trustee. It plays an important monitoring role. It shall monitor the acts of the guardian or curator. He must inform the judge as soon as he finds fault in the performance of his duties.
Subrogated guardian
A substitute guardian must be appointed by the family council in any guardianship, except that entrusted to the department for a minor placed on child welfare and who no longer has his parents.
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.
Please note
the trustee must perform urgent acts, including protective measures essential to the preservation of the protected person's heritage.
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.
Please note
if appointed beforehand, the substitute guardian shall be present when the guardian causes the inventory property of the protected person.
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
Subrogated curator
The judge may appoint a substitute trustee. The subrogate trustee shall supervise the acts of the trustee. It may be held liable.
The judge may appoint one of the following persons:
- Parent or close person
- Person 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 no family member or relative can assume the duties of substitute trustee, the judge shall appoint a judicial representative for the protection of adults.
Please note
the trustee must perform urgent acts, including protective measures essential to the preservation of the protected person's heritage.
- The Subrogate Trustee watch the acts of the curator. 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 trustee, his sole power is to refer the matter immediately to the judge inform.
- The Subrogate Trustee assistant or represents the protected person where the interests of the protected person conflict with those of the curator. This is the case, for example, in the case of the settlement of an estate, where the trustee is the brother of the protected person. The curator cannot be judge and jury.
- The surrogate curator must be informed and consulted by the curator above all act of disposition performed by the latter.
Please note
when performing the inventory operations, the substitute trustee must be present.
The responsibility of the substitute trustee may be incurred in the following cases:
- He has found that the curator has committed errors in the performance of his duties and he does not inform the judge immediately
- The curator has ceased to hold office and the substitute curator does not inform the judge of the need to have the curator replaced
The judge may appoint an ad hoc curator in the following cases:
- Where the interests of the Trustee conflict with those of the protected person
- Where the Trustee 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 appointment of this person may be made at the request of the public prosecutor, any person who has an interest in it or ex officio by the guardianship judge.
The mission of the subrogate curator ceases simultaneously than the curator's.
The mission of the Trustee shall end on the day of the death of the protected person. 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 a guardianship. The judge decides after a medical opinion
- At the end of the fixed period, in the absence of renewal of the guardianship
- If a guardianship measure is issued in place of a guardianship measure
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Telephone administrative information - Allo Public Service
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Management of guardianship
Subrogated curator and subrogate guardian
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