In what cases should we resort to family authorization rather than guardianship or curatorship?

2023-10-29 07:00:17

Question to an expert

Can I request family authorization to manage the assets of my father, whose mental faculties are deteriorating?

When a person suffers a loss of intellectual faculties, a protective measure is necessary, particularly if they are no longer able to manage their assets. Which is most suitable? If the vulnerable adult’s family circle is not in conflict, and if their assets do not present any particular management difficulties, family authorization, created in 2015, should be considered.

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Its activation requires filing a request with the guardianship judge, accompanied by a medical expert report. The judge will designate one or more family members (child, father or mother, brother or sister, spouse, partner or common-law partner), to whom he will entrust either a general authorization or a special authorization, for a specific act.

This mission will be carried out free of charge by authorized persons.

Serious acts

In the case of general family authorization, the relative will have very broad powers, without having to systematically obtain prior authorization from the judge – powers of administration, but also of disposition. Only so-called “serious” acts, such as the sale of the main residence, will always require an order from the guardianship judge.

Although the family authorization decision is taken by a guardianship judge, the measure is called “diverted”. It is much less burdensome than guardianship or curatorship. For example, the authorized person will not have to submit annual management accounts to the judge.

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This freedom granted to the authorized person has its downsides: the absence of control by the judge. It is therefore only considered in a calm climate, when there is no risk of conflict in the family.

Xaviera Favrie(Associate notary at KL Conseil)