Who can be appointed as curator, guardian or special representative?

Verified 30 September 2021 - Directorate for Legal and Administrative Information (Prime Minister)

In principle, the adult to be protected gives his opinion on the guardian, the curator or the person of his choice (spouse, partner of Civil partnerships: titleContent, parent,...,) which he would like to designate. The judge duty take this advice.

However, the following three conditions must be met:

  • The designated person accepts the assignment
  • The designated person is an adult and has full civil, civil or family rights. For example, a person who has full rights over his or her child (parental authority).
  • The interest of the person to be protected shall be preserved

Please note

if the judge does not appoint the person designated by the middle finger to be protected, he must specify what prevents this appointment (example: the designated person refuses the assignment).

If these conditions are not met or if the person to be protected has not appointed a trustee or guardian, the judge shall first favor the appointment of the following persons:

  • Spouse of the person to be protected 
  • Partner of Civil partnerships: titleContent 
  • Person living in common-law relationship with the person to be protected

If the common life has ceased or another cause prevents the measure from being entrusted to that person (e.g. violence), the spouse or partner cannot become a trustee or guardian.

In the absence of a Civil partnership or partner or common-law partner, the judge shall designate a parent, allied or a person residing with or having close and stable ties with the adult to be protected. For example, a close friend.

The judge may apportion the burden between a person responsible for the protection of the person and another responsible for property management.

It may also entrust the management of certain assets to a trustee or assistant guardian.

These designated persons are independent and not accountable to each other. Unless the judge decides otherwise.

Where no family member or relative can assume guardianship or guardianship, the judge shall appoint a judicial representative for the protection of adults.

The judicial representative must be entered on a list drawn up and maintained by the prefect of the department.


the judge may associate relatives and professionals to ensure the protection of the adult.

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