How to establish an inventory of the assets of a protected adult?

Verified 21 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The establishment of an inventory of the assets of the adult to be protected or of an emancipated minor varies according to the protection measure put in place: guardianship or enhanced trusteeship.

Supervision

The guardian duty to carry out or cause to be carried out the inventory of the property of the protected person in the 3 months following the opening of the guardianship.

During the course of his mission, the guardian may obtain any necessary information and documents.

In particular:

  • Last Income Tax Sheet
  • Bank attestation of the status of each account
  • Latest bank account statements
  • Last Life Insurance Statement

They can go to the administration, to the banks or to the insurers.

The guardian must also ensure the updating of the inventory in case of a change (sale, inheritance, for example).

The inventory may be carried out:

  • either by privately signed document,
  • either by authentic instrument made by a notary or a commissioner of justice (formerly bailiff and judicial auctioneer).

Inventory is dated and signed by those present. It may also be initialed (with initials) on each page.

Once the inventory has been completed, the guardian must forward it to the judge.

The judge may appoint a judicial auctioneer, a commissioner of justice or a notary to carry out the inventory at the expense of the protected person as soon as the measure is initiated.

In the event of a delay in forwarding the inventory, the judge may appoint a legal professional to carry it out at the expense of the tutor. This professional may be a commissioner of justice, a notary or a judicial representative for the protection of adults.

The persons required to be present during the inventory operations vary according to the instrument performed (instrument under private signature or authentic instrument).

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Act under private signature

The inventory operations shall be carried out in the presence of the following persons:

  • Guardian
  • Protected person, if their state of health or age permits
  • Possibly his lawyer
  • If it has been designated, subrogate guardian
  • 2 witnesses (they must not be at the service of the protected person or the guardian)

Authentic instrument

The inventory operations shall be carried out in the presence of the following persons:

  • Guardian
  • Protected person, if their state of health or age permits
  • Possibly his lawyer
  • If it has been designated, subrogate guardian
  • Notary, Commissioner of Justice

The inventory shall contain the following:

  • Description of furniture
  • Estimated real estate
  • Estimate of movable property having a value greater than €1,500
  • Designation of species in cash
  • Statement of bank accounts, investments and other transferable securities

Reinforced curatorship

The curator duty to carry out or cause to be carried out the inventory of the property of the protected person in the 3 months following the opening of the reinforced trusteeship.

During the course of his mission, the curator may obtain any information and documents necessary for carrying out the inventory. In particular:

  • Last Income Tax Sheet
  • Bank attestation of the status of each account
  • Latest bank account statements
  • Last Life Insurance Statement

They can go to the administration, to the banks or to the insurers.

The curator must also ensure the updating of the inventory in case of a change (sale, inheritance, for example).

The inventory may be carried out:

  • either by privately signed document,
  • either by authentic instrument made by a notary or a commissioner of justice (formerly bailiff and judicial auctioneer).

The inventory is dated and signed by those present. It may also be initialed (with the initials) on each page.

Once the inventory has been completed, the curator must transmit it to the judge.

The judge may appoint, as soon as the reinforced trusteeship is opened, a commissioner of justice or a notary to carry out the inventory, at the expense of the protected person.

In the event of a delay in forwarding the inventory, the judge may appoint a legal professional to carry it out at the expense of the curator. This professional may be a commissioner of justice, a notary or a judicial representative for the protection of adults.

The persons required to be present during the inventory operations vary according to the instrument performed (instrument under private signature or authentic instrument).

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Act under private signature

The inventory operations shall be carried out in the presence of the following persons:

  • Curator
  • Protected person, if their state of health or age permits
  • Possibly his lawyer
  • Subrogated curator (if designated)
  • 2 witnesses who must not be at the service of the protected person or the curator

Authentic instrument

The inventory operations shall be carried out in the presence of the following persons:

  • Curator
  • Protected person, if their state of health or age permits
  • Possibly his lawyer
  • Subrogated curator (if designated)
  • Notary, Commissioner of Justice

The inventory shall contain the following:

  • Description of furniture
  • Estimated real estate
  • Estimate of movable property having a value greater than €1,500
  • Designation of species in cash
  • Statement of bank accounts, investments and other transferable securities

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