Frequently asked questions about Famille

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My mother, who has Alzheimer's disease, lives in a retirement home. The latter no longer has enough cash to finance it. Is it possible within the framework of a family authorization to ask the judge to buy back the premiums of her life insurance contract?

Yes . When a person is no longer able to express their will due to a medically confirmed alteration of their mental faculties, it is possible to request a family authorization from the guardianship judge. The authorization may be general or relate only to certain acts in regard to the…
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As part of a process of medically assisted procreation, my partner and I must go to a notary to obtain our consent. Is this agreement subject to registration fees ?

No. Article 847 bis of the General Tax Code provides for an exemption from registration fees; in regard to the prior consent to be obtained by a notary (article 342-10 of the Civil Code). As an extension of the bioethics law of August 2, 2021, which extends medically assisted reproduction…
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A few months before her death, my mother took out a loan from a bank. However, I had taken steps to have her placed under guardianship. She died before the judge made his decision. Can I still take legal action and request the cancellation of this loan?

Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…
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I am a widow and I have 2 children who do not get along. I wish to choose the person who will represent me if I were to be placed under judicial protection. Is it possible ?

Yes . Any person may designate in advance the person responsible for exercising the functions of curator or tutor if they were to be placed under a measure of judicial protection (art. 448 C. civ.). To be valid, the designation must be made by declaration before a notary, or by…
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I am a widow and I have 2 children who do not get along. I wish to choose the person who will represent me if I were to be placed under judicial protection. Is it possible ?

Yes . Any person may designate in advance the person responsible for exercising the functions of curator or tutor if they were to be placed under a measure of judicial protection (art. 448 C. civ.). To be valid, the designation must be made by declaration before a notary, or by…
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