How to establish an inventory of the assets of a protected adult?
Verified 23 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
The establishment of an inventory of the assets of the adult to be protected or of an emancipated minor varies according to the protection measure put in place: guardianship or enhanced trusteeship.
Supervision
The guardian shall carry out or cause to be carried out the inventory of the property of the protected person in the 3 months which follow the opening of the guardianship.
During the course of his mission, the guardian may obtain any necessary information and documents.
In particular:
- Last Income Tax Sheet
- Bank attestation of the status of each account
- Latest bank account statements
- Last Life Insurance Statement
They can go to the administration, to the banks, or to the insurers.
The guardian must also ensure the updating of the inventory in case of a change (sale, inheritance, for example).
The persons to be present during inventory operations vary according to the act performed (privately signed document or authentic instrument).
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Act under private signature
The inventory operations shall be carried out in the presence of the following persons:
- Guardian
- Protected person, if their state of health or age permits
- Possibly his lawyer
- If it has been designated, subrogate guardian
- 2 witnesses (they must not be at the service of the protected person or the guardian)
Authentic instrument
The inventory operations shall be carried out in the presence of the following persons:
- Guardian
- Protected person, if their state of health or age permits
- Possibly his lawyer
- If it has been designated, subrogate guardian
- Notary, Commissioner of Justice
The inventory may be carried out:
- either by privately signed document,
- either by authentic instrument made by a notary or a commissioner of justice (formerly bailiff and judicial auctioneer).
Inventory is dated and signed by those present. It may also be initialed (with initials) on each page.
Once the inventory has been completed, the guardian must forward it to the judge.
The judge may appoint a commissioner of justice or a notary as soon as the measure is opened to carry out the inventory, cost of the protected person.
In the event of a delay in forwarding the inventory, the judge may appoint a legal professional to carry it out, tutor's feea. This professional may be a commissioner of justice, a notary or a judicial representative for the protection of adults.
The inventory shall contain the following:
- Description of furniture
- Estimated real estate
- Estimate of movable property having a value greater than €1,500
- Designation of species in cash
- Statement of bank accounts, investments and other transferable securities
Reinforced curatorship
The Trustee shall carry out or cause to be carried out the inventory of the property of the protected person in the 3 months which follow the opening of the reinforced trusteeship.
The guardian shall carry out or cause to be carried out the inventory of the property of the protected person in the 3 months which follow the opening of the guardianship.
During the course of his mission, the curator may obtain any information and documents necessary for carrying out the inventory.
In particular:
- Last Income Tax Sheet
- Bank attestation of the status of each account
- Latest bank account statements
- Last Life Insurance Statement
They can go to the administration, to the banks, or to the insurers.
The curator must also ensure the updating of the inventory in case of a change (sale, inheritance, for example).
The people who need to be present during the inventory operations vary according to the act performed (privately signed instrument or authentic instrument).
Répondez aux questions successives et les réponses s’afficheront automatiquement
Act under private signature
The inventory operations shall be carried out in the presence of the following persons:
- Curator
- Protected person, if their state of health or age permits
- Possibly his lawyer
- Subrogated curator (if designated)
- 2 witnesses who must not be at the service of the protected person or the curator
Authentic instrument
The inventory operations shall be carried out in the presence of the following persons:
- Curator
- Protected person, if their state of health or age permits
- Possibly his lawyer
- Subrogated curator (if designated)
- Notary, Commissioner of Justice
The inventory may be carried out:
- either by privately signed document,
- either by authentic instrument made by a notary or a commissioner of justice (formerly bailiff and judicial auctioneer).
The inventory is dated and signed by those present. It may also be initialed (with the initials) on each page.
Once the inventory has been completed, the curator must transmit it to the judge.
The judge may appoint, as soon as the reinforced trusteeship is opened, a commissioner of justice or a notary to carry out the inventory, cost of the protected person.
In the event of a delay in forwarding the inventory, the judge may appoint a legal professional to carry out the curator's fee. This professional may be a commissioner of justice, a notary or a judicial representative for the protection of adults.
The inventory shall contain the following:
- Description of furniture
- Estimated real estate
- Estimate of movable property having a value greater than €1,500
- Designation of species in cash
- Statement of bank accounts, investments and other transferable securities
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
- Judicial Tribunal
Definition of guardianship and guardianship
Reinforced curatorship (Rule 472)
Obligation of the curator or guardian (Article 503: Inventory)
List of goods to be inventoried (Article 1253)
FAQ
Ministry of Justice