Questions from relatives of individuals losing their autonomy are some of the most frequent questions that your notary hears every day:
What should we do?
Can we manage the property and make decisions about the care to provide?
Will the Public Curator automatically act as the administrator?
What are the responsibilities for the person who manages the property?
Can we sell the house that has been unoccupied for several months?
May we use the incapacitated person’s income to meet the needs of his/her spouse and dependent children?
Who can manage the business?
Current legislation outlines various arrangements to protect those who are incapacitated. These arrangements – legal guardianship, tutorship for adults, adult advisor – take into account the degree of total or partial incapacity, and whether the condition is temporary or permanent.
A legal guardian is appointed, if the incapacity of the individual, with respect to caring for him/herself and managing his/her property, is total and permanent, and the individual needs to be represented when exercising his/her civil rights.
An adult tutor is appointed , if the incapacity of the individual (adult), with respect to caring for him/herself and managing his/her property, is partial and temporary, and the individual needs to be represented when exercising his/her civil rights.
An adult advisor is appointed, if the individual (adult), who can generally take care of him/herself and manage his/her property, still needs temporary help or help with certain tasks.
Your notary will be able to guide you and carry out the necessary steps to ensure that the suitable arrangement is implemented in the best interest of the incapacitated individual.
To adequately protect a relative losing his/her autonomy
Consult your notary: a trusted source.
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