By Agnes Lambert
“In the natural order of things, the parents care for their children, protect them. When the situation is reversed, it is not uncommon for tense relationships among siblings, “ warns Agnès Brousse, head of the legal protection to the National Union of Family Associations (UNAF). [1999012 ]
Between one who takes his time to managing the finances of the parents and the other who always finds fault them, quarrels are common . Especially since the fine line between legitimate hand given by the children to their elderly parents and intrusion into the affairs of others. “Some offshoots are alarmed to see their old father spend lavishly. But the legacy is not due if the parent mindfully, would like to take his money is his absolute right “ reminds Elisabeth Deflers, a partner at law firm Péchenard & amp; Associates.
Helping to his family to manage their business requires to have power of attorney over their bank accounts. This document is signed to the bank in the presence of both parties. “It is essential to do when everything goes well, we are healthy. The idea is just to anticipate “ warns M me Deflers.
Conversely, if a child asks his parent give her power of attorney, as he begins to lose its autonomy or intellectual capacity, suspicion can set in.
Suspicions can also arise between siblings because, in practice, it ‘ is often one of the children is responsible for managing the accounts. “It is possible to limit the scope of attorney to certain operations or certain amounts. This reassures the other siblings, “ advises Jérôme Barré, partner at Franklin.
Also in the interests of transparency, the child having power of attorney over the account will keep track of expenses and avoid, at the opening of the succession, of being accused of unjustified rates. “In succession, the tax authorities can check the cash withdrawals made up to a year before the death. If these are an unusual amount, the sums can be reintegrated to the estate “ warns M e Barre.
judicial protection measure
[1999001 ] The proxy simplifies the management of current expenditure (invoices, shopping …), but it does not perform acts of disposal, that is to say those that engage the human heritage, such as, for example, donation or sale of a property.
must, in this case, a specific proxy, performed by the notary, who ensures that his client has every capacity to understand the consequences of the operation. “It is the responsibility of the notary to verify that his client is not under influence, and give proxy knowingly” specifies M e Arlette Darmon associated notary in Monassier & amp; Associates.
It is also possible to apply a measure of legal protection in order to appoint a guardian or trustee, who will be entitled to enter into transactions of any kind, in agreement with the guardianship judge. In its guide “Curator or family guardian, follow the guide! “ UNAF estimated at 800,000 the number of people (seniors, disabled adults, minors) subject to such protection.
[1,999,036] Curatorship single or reinforced
[1,999,001] This procedure is particularly framed. Thus, a licensed physician (the list is established by the prosecutor) must establish a medical certificate stating the alteration of the faculties of the protected person. This short cut procedure to complacency certificates made by a malicious doctor close family. You must then file a petition with the guardianship judge of the district court of the place of residence of the person concerned. Several levels of protection exist, from simple to the reinforced curatorship curatorship, through guardianship.
The solution depends on the close health. If single curatorship, the curator intervenes to acts related to heritage, but not for current expenditure for which the protected person retains its autonomy. The tutor or curator may be a spouse, child, brother or anyone else’s entourage. “A trustee or guardian outside the family, remotely possible conflicts, can soothe relations in the interest of the protected person,” advises Agnès Brousse.