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How do I make an inventory of the assets of a protected major?

Verified 13 janvier 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The establishment of an inventory of the assets of the adult to be protected varies according to whether it is a strengthened curatorship or a guardianship.

Enhanced Curatorship

As a curator within the framework of a reinforced curatorship, you must proceed to inventory of the protected person. Some persons must be present. The inventory must be completed in a complete manner within 3 months of the opening of the enhanced curatorship.

In 3 months following the opening of the reinforced trustee, the trustee must carry out or have carried out an inventory of the protected person's assets.

The inventory can be carried out:

  • or private signature,
  • or authentic (notary, bailiff, auctioneer).

The judge may, at the opening of the measure, appoint a judicial auctioneer, a judicial officer or a notary to carry out, at the expense of the protected person, the inventory.

During the course of the inventory, the curator may obtain all necessary information and documents. He can go to the administration, bank or business.

The inventory is dated and signed by those present. It can also be initialed on each page.

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

During his mission, the curator must ensure the updating of the inventory in case of change (sale, inheritance, for example).

In the event of a delay in transmitting the inventory, the judge may appoint a judicial professional to do so at the tutor's expense. This professional can be a judicial auctioneer, a judicial officer, a notary or a judicial representative for the protection of adults.

The persons to be present during the inventory operations vary according to whether it is a private signature or an authentic instrument.

Act under private signature

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

  • Curator
  • Protected person, if his health or his age permits
  • Possibly his lawyer
  • If designated, subrogate curator
  • 2 witnesses who must not be in the service of the protected person or the curator.

Authentic Act

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

  • Curator
  • Protected person, if his health or his age permits
  • Possibly his lawyer
  • If designated, subrogate curator,
  • Notary, bailiff or auctioneer.

The inventory shall contain:

  • a description of furniture,
  • an estimate of immovable property,
  • an estimate of movable property having a value greater than €1,500,
  • designation of species numeric,
  • a statement of bank accounts, investments and other securities..

Tutelle

As a guardian, you must take the inventory of the protected person. Inventory may take the form of an act under private signature or an authentic act. Some persons must be present. The inventory must be completed in a complete manner within 3 months of the opening of the guardianship.

In 3 months following the opening of the guardianship, the guardian must carry out or have carried out an inventory of the protected person's property.

The inventory can be carried out:

  • or private signature,
  • or authentic (notary, bailiff, auctioneer).

The judge may, at the opening of the measure, appoint a judicial auctioneer, a judicial officer or a notary to carry out, at the expense of the protected person, the inventory.

During the course of the inventory, the curator may obtain all necessary information and documents. He can go to the administration, bank or business.

The inventory is dated and signed by those present. It can also be initialed on each page.

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

During his mission, the guardian must ensure the updating of the inventory in case of change (sale, inheritance, for example).

In the event of a delay in transmitting the inventory, the judge may appoint a judicial professional to do so at the tutor's expense. This professional can be a judicial auctioneer, a judicial officer, a notary or a judicial representative for the protection of adults.

The persons to be present during the inventory operations vary according to whether it is a private signature or an authentic instrument.

Act under private signature

Inventory operations shall be carried out in the presence of:

  • guardian,
  • the protected person, if his state of health or age so permits,
  • his lawyer,
  • if designated, subrogated guardian,
  • and two witnesses. They must not be at the service of the protected person or the guardian.

Authentic Act

Inventory operations shall be carried out in the presence of:

  • guardian,
  • the protected person, if his state of health or age so permits,
  • his lawyer,
  • if designated, subrogated guardian,
  • and the notary, the bailiff or the auctioneer.

The inventory shall contain:

  • a description of furniture,
  • an estimate of immovable property,
  • an estimate of movable property having a value greater than €1,500,
  • designation of species numeric,
  • a statement of bank accounts, investments and other securities..