Guardianship

Guardianship protects the person and property of minors not under parental authority and of adults placed under restriction. For adults, the statutory grounds are mental illness or weakness, prodigality, alcohol or drug dependence, a dishonourable way of life and imprisonment.

The civil court of peace orders the measure and appoints a guardian, chosen as a rule from relatives whose appointment serves the ward's interests. The guardian represents the ward, manages their assets with care and accounts to the court at regular intervals. Significant transactions such as the sale of real property require the authorisation of the guardianship authority and, in some cases, of the supervisory authority.

The institution frequently arises in practice for property transactions of elderly relatives, with banks and land registries requesting medical reports where capacity is in doubt. Once the ground for restriction disappears, termination of the guardianship is requested from the court.