Section 6: Family habilitation

Articles in this section · 12

494-1494-2494-3494-4494-5494-6494-7494-8494-9494-10494-11494-12

Article 494-6

French Civil CodeIn force
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Updated 8 Nov 2023

Habilitation may relate to:

- one or more of the acts that the guardian has the power to perform, alone or with authorisation, on the property of the person concerned;

- one or more acts relating to the person to be protected. In this case, the empowerment is exercised in compliance with the provisions of articles 457-1 to 459-2 of the Civil Code.

The empowered person may only carry out, in representation, a disposal act free of charge with the authorisation of the guardianship judge.

If the interests of the person to be protected so require, the judge may issue a general authorisation covering all the acts or one of the two categories of acts mentioned in the second and third paragraphs.

The person authorised under a general authorisation may not perform an act for which he or she would be in opposition of interests with the protected person. However, by way of exception and where the interests of the protected person so require, the court may authorise the person authorised to perform such an act.

In the event of general authorisation, the court shall set a duration for the arrangement, which may not exceed ten years. Ruling at the request of one of the persons mentioned in Article 494-1 or the Public Prosecutor seized at the request of one of them, he may renew the authorisation when the conditions provided for in Articles 431 and 494-5 are met. Renewal may be granted for the same period; however, where the impairment of the personal faculties of the person in respect of whom the authorisation has been granted is manifestly unlikely to improve in accordance with current scientific knowledge, the court may, by specially reasoned decision and on the advice of the doctor referred to in article 431, renew the arrangement for a longer period which it shall determine, not exceeding twenty years.

Decisions granting, amending or renewing a general authorisation shall be noted in the margin of the birth certificate in accordance with the conditions set out in article 444. The same applies when the authorisation is terminated for one of the reasons set out in article 494-11.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

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15+ Years In Corporate Practice

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