You are a guardian of an older adult: what obligations?

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Being the tutor of an older adult allows you to protect your loved one by representing them on an ongoing basis in acts of civil life if their capacities are impaired. What does it mean to be a tutor? What are the guardian’s obligations? How to achieve guardianship? 

Being the guardian of an older person confers rights and duties similar to those of the parents of their child. The guardian will therefore be required to represent the protected person in acts of civil life.

Acts of administration

These are acts aimed at exploiting or enhancing the heritage of the adult without taking any abnormal risk.

The tutor can carry out acts of administration alone, which designate the day-to-day management of the senior’s affairs: a collection of income and expenses in compliance with the budget he has drawn up. He must update this budget regularly, as he does with the inventory of the property of the person of full age.

The Home tutor Lahore manages the protected person’s income independently, according to the conditions established during the tutorship. The protected senior can keep part of the budget for everyday purchases within a limit established by the judge.

Conservatory acts

The guardian represents the protected person for conservatory acts. These are acts aimed at safeguarding or protecting the heritage from immediate risks, such as repairing a property.

Deeds of disposition

Being a tutor also involves taking charge of the deeds of disposal, with the judge’s authorization in most cases.(Tutoring Lahore) Acts of disposal involve the heritage of the older person, that s to say, which significantly modify its content and cause it to lose its value considerably.

To carry out an act of disposal, the guardian must request the authorization of the dispute judge to protect adults (former guardianship judge) or the family council (when one exists). 

The guardian can carry out certain acts of disposal without requesting the judge’s authorization. He must be able to justify them. The acts concerned are listed in particular in articles and the Civil Code:

· The opening of amicable sharing operations in matters of inheritance and joint ownership: the guardian no longer needs to request the authorization of the judge in advance to proceed with an amicable sharing (unless there is an opposite of interests), but he must obtain the judge’s approval;

· Pure and simple acceptance of a beneficiary succession when this character is certified by the notary;

· The opening of a new current or investment account (when the protected person does not yet have one), the modification of existing accounts in the usual establishment;

· The closing of an account opened during the protection measure, regardless of the establishment;

· Placing funds in a savings account;

· The introduction in the budget of the remuneration of private directors;

· The conclusion of a contract for the management of securities.

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