French Civil Code
In forceThe judge may, if he considers it necessary and subject to the powers of the family council if it has been constituted, appoint a subrogated curator or subrogated guardian.
If the curator or guardian is a relative or ally of the protected person in one branch, the subrogated curator or subrogated guardian is chosen, as far as possible, from the other branch.
Where no family member or close relative can assume the duties of subrogated curator or subrogated tutor, a judicial representative for the protection of adults registered on the list provided for in
article L. 471-2 du code de l'action sociale et des famillesmay be appointed.
Under penalty of incurring liability towards the protected person, the subrogated curator or subrogated guardian shall supervise the acts performed by the curator or guardian in this capacity and shall inform the judge without delay if he finds any faults in the performance of his duties.
The subrogated curator or subrogated tutor assists or represents, as the case may be, the protected person when the interests of the latter are in opposition to those of the curator or tutor or when either of them cannot provide assistance or act on his behalf due to the limitations of their mission.
He is informed and consulted by the curator or tutor prior to any serious act performed by the latter.
The office of the subrogated curator or subrogated tutor ceases at the same time as that of the curator or tutor. The subrogated curator or subrogated tutor is, however, obliged to cause the curator or tutor to be replaced if the latter ceases to hold office, on pain of incurring liability to the protected person.
