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17 MARCH 2013. - Law reforming disability regimes and establishing a new protection status in accordance with human dignity (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. In section 50 of the Civil Code, replaced by the Act of 29 April 2001, the following amendments are made:
1° in § 2, paragraph 1^er, the words ", a prolonged minor or a prohibition" are repealed;
2° in § 2, a paragraph written as follows is inserted between paragraphs 1^er and 2:
"The Civil Registry Officer who makes an act of death shall inform, within three days, the justice of the peace referred to in section 628, 3°, of the Judicial Code, when the deceased was a person protected under section 492/1 or his administrator. »;
3° in § 2, paragraph 2, former, becoming § 2, paragraph 3, the words "the device of a judicial decision by which a major prohibition under guardianship is adopted or" are repealed.
Art. 3. In the same Code, an article 145/1 is inserted as follows:
"Art. 145/1. The person expressly declared incapable of contracting marriage under Article 492/1, § 1^er, paragraph 3, 2°, may, at his request, nevertheless be authorized by the justice of the peace referred to in article 628, 3°, of the Judicial Code, to contract marriage.
The justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code are applicable.
A certified copy of the order is also transmitted to the civil status officer referred to in section 63. "
Art. 4. In section 148 of the same Code, replaced by the Act of 19 January 1990, the following amendments are made:
1° in paragraph 5, the words "in impossibility of manifesting" are replaced by the words "in impossibility or unable to express";
2° in paragraph 6, the words "to manifest" are replaced by the words "or unable to express".
Art. 5. Section 186 of the Code, repealed by the Act of 19 January 1990, is reinstated in the following wording:
"Art. 186. The person expressly declared unable to request the annulment of the marriage under Article 492/1, § 1^er, paragraph 3, 3°, may, at his request, nevertheless be authorized by the justice of the peace referred to in article 628, 3°, of the Judicial Code to introduce an action to annul the marriage.
The justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code are applicable. "
Art. 6. In section 214 of the same Code, replaced by the Act of 14 July 1976 and amended by the Act of 9 May 2007, paragraph 2 is replaced by the following:
"If one of the spouses is presumed absent, or if the justice of the peace considers that one of the spouses is unable or unable to express his or her will, the marital residence is fixed by the other spouse. "
Art. 7. In section 220 of the Code, replaced by the Act of 14 July 1976 and amended by the Act of 9 May 2007, the following amendments are made:
1° § 1^er is replaced by the following:
« § 1^er. If one of the spouses is presumed absent or the court considers, because of factual evidence found in a substantiated record, that one of the spouses is unable or unable to express his or her will, the spouse may be allowed by the court of first instance to pass the acts referred to in Article 215, § 1^er.
2° In § 2, the words "in impossibility to manifest" are replaced by the words "in impossibility or unable to express".
Art. 8. Section 231 of the same Code, repealed by the Act of 27 April 2007, is reinstated in the following wording:
"Art. 231. A person who is expressly declared incapable of seeking divorce under section 492/1 may, at his or her request, nevertheless be authorized by the justice of the peace referred to in section 628, 3°, of the Judicial Code to introduce divorce action for irremediable disunion under section 229, or a request for divorce by mutual consent, under section 230.
The justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code are applicable. "
Art. 9. In section 311bis of the same Code, replaced by the Act of 27 April 2007, the number ", 231" is inserted after the words "Sections 229".
Art. 10. Section 328 of the same Code, replaced by the Act of 31 March 1987 and amended by the Act of 1^er July 2006, is replaced by the following:
"Art. 328. § 1^er. The person expressly declared incapable of recognizing a child under Article 492/1, § 1^er, paragraph 3, 7°, may, at his request, nevertheless be authorized by the justice of the peace referred to in article 628, 3°, of the Judicial Code to recognize a child.
The justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code are applicable.
§ 2. The recipient of the recognition may be a conceived child or a deceased child, if the latter has left a posterity. If the child died without leaving posterity, he can only be recognized in the year following his birth. "
Art. 11. In article 329bis of the same Code, inserted by the law of 1^er July 2006, the following amendments are made:
1° it is inserted a § 1^er/1 to read:
« § 1^er/1. The consent of the major child is not required if the court considers, because of factual evidence found by reasoned minutes, that the child is not capable of expressing his or her will. The same is true if the order of the justice of the peace under section 492/1 declares the child unable to consent to his or her recognition. The child able to express his or her opinion independently is heard directly by the judge. If so, the trustee expresses the child's opinion if the child is not able to express his or her opinion. The judge attaches the importance to this opinion. »;
2° in § 2, paragraph 2, the words "prohibit, in a state of prolonged minority or" are repealed;
3° in § 3, paragraph 1^er, the words "or in impossibility to manifest his will" are replaced by the words ", presumed absent, unable or unable to express his will".
Art. 12. In section 331sexies of the same Code, replaced by the law of 1^er July 2006, the following amendments are made:
1° in paragraph 1^erwhose current text will form § 1^er, the words "the unemancipated minor, forbid him and the person unable to express his or her will are, in the actions relating to their filiation, represented, as plaintiffs or as defendants, by their legal representative and, if there is opposition of interest," are replaced by the words "the unemancipated minor is, in the actions relating to his or her filiation, represented, either by asking, or by defending, ÷ default of legal representative, or in case of opposition of interest, it is represented »;
2° the article is supplemented by a § 2 written as follows:
§ 2. Without prejudice to Article 329bis, § 1^er/1, and article 332quinquies, § 1^er/1, a protected person who, pursuant to section 492/1, has been expressly declared unable to sue, by requesting in an action relating to his or her filiation, may, at his or her request, nevertheless be authorized by the justice of the peace referred to in article 628, 3°, of the Judicial Code, to be tried by requesting in such action.
The justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code are applicable. "
Art. 13. In article 332quinquies of the same Code, inserted by the law of 1^er July 2006, the following amendments are made:
1° it is inserted a § 1^er/1 to read:
« § 1^er/1. It is not taken into account the opposition of the major child if the court considers, because of factual evidence found by reasoned minutes, that the child is not able to express his or her will. The same is true if the order of the justice of the peace under section 492/1 declares the child incapable of opposing the action in search of maternity or paternity. The child able to express his or her opinion independently is heard directly by the judge. If so, the trustee expresses the child's opinion if the child is not able to express his or her opinion. The judge attaches the importance to this opinion. »;
2° in § 2, paragraph 2 is replaced by the following:
"It is not taken into account the opposition of a minor child whose court considers, because of evidence found by reasoned minutes, that he is deprived of discernment. "
Art. 14. In section 348-1, of the same Code, inserted by the Act of 24 April 2003, paragraph 2 is replaced by two paragraphs as follows:
"By derogation from paragraph 1^erconsent is not required if the court considers, because of factual evidence found by reasoned minutes, that the person in question is not capable of expressing his or her will. The same is true if the order of the justice of the peace made under section 492/1 declares the person of major unable to consent to his adoption. The person who is in a position to express his or her opinion independently is heard directly by the judge. If so, the trusted person expresses the opinion of the major person if the person is unable to express his or her opinion. The judge attaches the importance to this opinion.
Consent is also not required if the court considers, because of factual evidence found by reasoned minutes, that the minor is deprived of discretion. "
Art. 15. In section 348-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 9 May 2007, the words "unless it is impossible to manifest its will, without any known or presumed absence" are replaced by the words "unless it is presumed to be absent, without any known residence or if the court considers, because of factual elements found by reasoned minutes, that it is unable to express its will
Art. 16. In section 348-3 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 9 May 2007, the following amendments are made:
1° in paragraph 1^er, the words "is impossible to manifest his will, without any known or presumed absence" are replaced by the words "is presumed to be absent, without any known dwelling, unable or unable to express his will";
2° in paragraphs 1^er and 2, the words ", a prolonged minor or a prohibition" are repealed each time.
Art. 17. In article 348-5, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003 and amended by the law of 9 May 2007, the words "or a prohibition" are repealed each time and the words "in impossibility of manifesting their will, without any known or presumed absences" are replaced by the words "proposed to be absent, without any known dwelling, unable or unable to express their will".
Art. 18. In section 348-6 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 9 May 2007, the following amendments are made:
1° in paragraph 1^er, the words ", a prolonged minor or a prohibition" are repealed;
2° in paragraph 2, the words "If one of these persons is unable to manifest one's will, without any known or presumed absence" are replaced by the words "If one of these persons is presumed to be absent, without any known residence, unable or unable to express one's will".
Art. 19. Section 348-7 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 9 May 2007, is replaced by the following:
"Art. 348-7. In the event of a new adoption of a child who has previously benefited from a plenary adoption, the consent of the opponent or previous adopters is required, unless they are presumed to be absent, without any known residence, unable or unable to express their will, or if the revision of the previous adoption has been made in respect of them. "
Art. 20. In section 353-8, paragraph 2, of the same Code, inserted by the Act of 24 April 2003, the words "or are unable to exercise parental authority during the minority of the opted" are replaced by the words ", is presumed absent or is unable to exercise parental authority during the minority of the opted, or is unable to express its will".
Art. 21. In section 353-9, paragraph 2, of the same Code, inserted by the Act of 24 April 2003, the words "or are unable to exercise parental authority during the minority of the optimization" are replaced by the words ", are absent or are unable to exercise parental authority during the minority of the optimization or are unable to express their will".
Art. 22. Section 353-11 of the same Code, inserted by the Act of 24 April 2003, is repealed.
Art. 23. In section 375 of the same Code, replaced by the Act of March 31, 1987 and amended by the Acts of April 19, 1995 and May 9, 2007, paragraph 1^er is replaced by the following:
"If filiation is not established with respect to one of the fathers and mothers or if one of them has died, presumed absent or unable to express his will, the other exercises this authority alone. ÷ less than the result of an explicit decision made on the basis of article 492/1 or the alleged absence, this impossibility is found by the court of first instance in accordance with article 1236bis of the Judicial Code. "
Art. 24. Section 389 of the same Code, replaced by the Act of 29 April 2001, is replaced by the following:
"Art. 389. The guardianship of minor children opens if the father and mother have died, legally unknown, in the lasting impossibility of exercising parental authority or unable to express their will.
Unless it is the result of an explicit decision made pursuant to section 492/1, an alleged absence or a declared absence, this impossibility is found by the court of first instance in accordance with article 1236 bis of the Judicial Code. "
Art. 25. In book I^er, title X, of the same Code, chapter IV containing sections 487 bis to 487octies, inserted by the law of 29 June 1973, is repealed.
Art. 26. The title of Book I^erTitle XI of the same Code is replaced by the following:
« Title XI. The majority and protected persons".
Art. 27. In book I^erTitle XI of the same Code, Chapter 1^erbis comprising sections 488bis, A) to 488bis, K), inserted by the law of 18 July 1991, is repealed.
Art. 28. In book I^erTitle XI of the same Code, the title of Chapter II is replaced by the following: "Chapter II. Protected people."
Art. 29. In Chapter II, replaced by Article 28, it is inserted a Section 1^re entitled " Scope of application".
Art. 30. In section 1^re inserted by article 29, an article 488/1 is inserted as follows:
"Art. 488/1. A major who, because of his state of health, is totally or partially out of state to assume himself, as he must, without assistance or other protection, is it temporarily, the management of his or her heritage or non-property interests, may be placed under protection if and to the extent that the protection of his or her interests requires it.
A minor may, from the age of seventeen years, be placed under protection if he or she is determined that by majority, he or she will be in the state referred to in paragraph 1^er. "
Art. 31. In the same section 1^rean article 488/2 is inserted, as follows:
"Art. 488/2. A measure of protection of property may be ordered for major persons in a state of wonder if and to the extent that the protection of their interests requires it. "
Art. 32. In Chapter II, replaced by Article 28, it is inserted a section 2 entitled "From Extrajudicial Protection".
Art. 33. In section 2, inserted by section 32, section 489, replaced by the Act of 10 October 1967, is replaced by the following:
"Art. 489. The provisions of this section apply exclusively to acts of representation relating to property. "
Art. 34. In the same section 2, section 490 repealed by the Act of 10 October 1967 is reinstated in the following wording:
"Art. 490. The special or general mandate granted by a major person capable of expressing his or her will or by an emancipated minor in respect of which no protection measures referred to in section 492/1 have been taken, and with the specific purpose of organizing extrajudicial protection in his or her regard, is recorded in the central register held by the Royal Federation of Belgian Notariat.
The application for registration shall be made by the filing of a certified copy of the contract to the Peace Court Registry of the place of residence of the principal and, alternatively, of his domicile, or through the notary having issued the warrant.
In this contract may include a number of principles that the agent must respect in the performance of his or her mission.
Within fifteen days of the application for the registration of the warrant contract, the clerk or notary shall record it in the central register held by the Royal Federation of Belgian Notariat. The King sets out the modalities for the creation, holding and consultation of the central registry. It determines the authorities that have access to the central registry free of charge and sets the fee for the registration of contracts.
An agent and an emancipated principal or minor who is capable of expressing his or her will and in respect of which no protective measure referred to in section 492/1 has been taken may, at any time, inform the Registry or notary referred to in paragraph 2 of their decision to terminate the contract, indicating the reasons for that decision. In the same way, the principal may also modify the principles that the agent must adhere to in the performance of his or her mission, which are included in this contract. The clerk or notary who was informed of the decision to terminate the contract shall notify the clerk or notary by the care of which the contract was registered. The latter mentions the modification on the authentic act or the copy. It is then proceeded in accordance with paragraph 4. "
Art. 35. In the same section 2, an article 490/1 is inserted, as follows:
"Art. 490/1. § 1^er. The special or general terms of reference referred to in section 490 shall not be subject to full right when the principal is in the situation referred to in sections 488/1 and 488/2.
Derogation from paragraph 1^er, in that case, may not intervene as an agent:
(1) persons who are placed under judicial protection under section 3;
2° persons who under section 496/6 cannot be administrators.
§ 2. The justice of the peace may, either ex officio or at the request of the principal, the agent, any interested person and the King's attorney, decide on the execution of the warrant. Sections 1241 and 1243 of the Judicial Code are applicable.
If the justice of the peace finds that the principal is in the situation referred to in sections 488/1 or 488/2, that the warrant is in the interest of the principal and that the agent has accepted his or her mission, he or she orders the full or partial execution of the warrant in accordance with section 490/2. The decision shall be communicated by judicial fold to the appellant, the mandator and the agent.
If not, the justice of the peace may order, by a specially reasoned order, pursuant to section 492/1, a judicial protection measure that completely or partially ceases or adds to the mandate. The provisions of Part IV, Book IV, Chapter X, Section I^re the Judicial Code is applicable.
§ 3. The acts performed by the agent on behalf of and on behalf of the principal may, if the warrant contract does not meet the conditions set out in § 1^er, be cancelled in the event of injury, if the agent knew or was to know that the principal was clearly, at that time, in a situation referred to in 488/1 or 488/2. The invalidity of these acts is appreciated by the judge taking into account the rights of third parties in good faith. The invalidity does not affect any liability actions that may be owned by the principal against the agent. "
Art. 36. In the same section 2, an article 490/2 is inserted, as follows:
"Art. 490/2. § 1^er. Unless otherwise provided by law, the term referred to in section 490 is subject to sections 1984 to 2010.
In carrying out its mission, the agent shall respect, as far as possible, the principles indicated by the mandator in accordance with Article 490, paragraph 3.
In carrying out his mission, the agent shall meet regularly with the principal. It shall inform the principal and, where appropriate, the third parties designated in the terms of reference, of the acts that it performs.
When the interests of the agent are in opposition to those of the principal, the justice of the peace shall, on his or her own or at the request of the principal or of any interested person, designate an ad hoc agent. The procedure referred to in section 1250 of the Judicial Code is applicable.
The funds and assets of the principal are completely and clearly separated from the personal heritage of the agent. The bank assets of the principal are registered in his own name.
If the principal has appointed several agents, the disputes between them shall be settled, upon request, by the justice of the peace in the interests of the principal. The procedure provided for in Article 1252 of the Judicial Code is applicable.
§ 2. The justice of the peace may, at any time, terminate, in whole or in part, the mandate if the execution of the mission is of a nature to jeopardize the interests of the principal or to replace, in whole or in part, the mandate with a judicial protection measure that would be more consistent with the interests of the principal. It may also submit the execution of the mandate to the same formalities as those applicable in the case of a judicial protection measure. The justice of the peace may, either ex officio or at the request of any interested person as well as the Crown Prosecutor, rule on the terms and conditions for the execution of the warrant. The same penalties as those provided for a judicial protection measure apply in the event of non-compliance with the terms of reference.
Article 1246 of the Judicial Code is applicable.
§ 3. The measure of extrajudicial protection ends:
1° where the principal is no longer in the situation provided for in section 488/1 or 488/2;
2e suited to the notification of the waiver of the agent to the warrant in accordance with Article 490, paragraph 5;
3° following the notification of the termination of the mandate by the mandator in accordance with Article 490, paragraph 5;
4° as a result of death or placement under judicial protection, pursuant to section 492/1, either of the principal or of the agent;
5° following a decision of the justice of the peace made under § 2 or article 490/1, § 2, paragraph 3. "
Art. 37. In book I^er, title XI, chapter II, of the same Code, replaced by article 28, is inserted a section 3 entitled "De la protection judiciaire".
Art. 38. In section 3, inserted by section 37, a sub-section 1 is inserted.^re "Definitions."
Art. 39. In subsection 1^re, inserted by section 38, section 491, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 491. For the purposes of this section,:
(a) Protected person: a major person who, by a court order made pursuant to section 492/1, has been declared incapable of performing one or more acts;
(b) acts: material, legal or procedural acts;
(c) legal acts: acts that are likely to be represented and that are laid to produce legal effects;
(d) Procedural acts: all acts that concern the legal action as plaintiff or defendant;
(e) capacity: the competence to exercise its rights and duties on its own and independently;
(f) assistance: how to take care of the incapacity referred to in chapter II/1, section 4, sub-section 2, the protected person capable of performing, but not independently, a specified act;
(g) representation: how to take care of the incapacity referred to in chapter II/1, section 4, subsection 3, the protected person may not perform a specific act independently or herself. "
Art. 40. In section 3, inserted by section 37, a sub-section 2 entitled "De l'incapacité".
Art. 41. In subsection 2, inserted by section 40, section 492, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 492. The justice of the peace may order, in respect of the person referred to in sections 488/1 and 488/2, a measure of judicial protection when and to the extent that he or she finds it necessary and that there is insufficient legal or extrajudicial protection. The measure of extrajudicial protection remains applicable as it is compatible with the measure of judicial protection. If applicable, the justice of the peace shall determine the conditions under which the mandate may be pursued. "
Art. 42. In the same subsection 2, an article 492/1 is inserted as follows:
"Art. 492/1. § 1^er. The justice of the peace who orders a measure of judicial protection concerning the person decides which acts are related to the person whom the protected person is unable to perform, taking into account the personal circumstances and the state of his or her health. He expressly enumerates these acts in his or her order.
In the absence of any indication in the order referred to in paragraph 1^er, the protected person remains capable of all acts related to his person.
In its order, the justice of the peace shall, in any case, expressly decide on the capacity of the protected person:
1° to choose his residence;
2° consent to marriage, as provided for in articles 75 and 146;
3° to initiate an action to annul the marriage referred to in sections 180, 184 and 192 and to defend itself against such action;
4° to file an application for divorce for irremediable disunion, referred to in section 229, and to defend itself against such a request;
5° to apply for divorce by mutual consent referred to in section 230;
6° to apply for separation of bodies, referred to in section 311bis and to defend themselves against such a request;
7° to recognize a child in accordance with Article 327;
8° to exercise, either by asking, or by defending, actions relating to his filiation referred to in Book I^erPart VII;
9° to exercise the parental authority referred to in Book I^erTitle IX on the person of the minor;
10° to make a declaration of legal cohabitation referred to in Article 1476, § 1^er and to terminate it in accordance with Article 1476, § 2;
11°, if applicable, to make a declaration with a view to acquiring Belgian nationality, referred to in chapter III of the Belgian Nationality Code of 28 June 1984;
12° to exercise the rights under the Act of 8 December 1992 relating to the protection of privacy with respect to personal data processing;
13° to exercise the right under the law of 23 June 1961 relating to the right of reply;
14° to apply for a change of name or first name, as provided for in Article 2 of the Law of 15 May 1987 on names and names;
15° to exercise the rights of the patient under the Act of 22 August 2002 on the rights of the patient;
16° to consent to an experiment on the human person in accordance with Article 6 of the Act of 7 May 2004 on experiments on the human person;
17° to consent to organ sampling, referred to in section 5 or 10 of the Act of 13 June 1986 on organ removal and transplantation;
18° to exercise the right to refuse to perform an autopsy on a child under eighteen months, in accordance with section 3 of the Act of 26 March 2003 regulating the practice of autopsy after the unexplained and medically unexplained death of a child under eighteen months;
§ 2. The justice of the peace who orders a measure of judicial protection of property decides, taking into account the personal circumstances, the nature and composition of the property to be managed, as well as the state of health of the protected person, what acts or categories of acts related to the property that the protected person is unable to perform.
In the absence of any indication in the order referred to in paragraph 1^er, the protected person is capable of all acts related to property.
In its order, the justice of the peace shall, in any case, expressly decide on the capacity of the protected person:
1° to alienate his property;
2° to borrow;
3° to give its property in pledge or to hypothecate it and to authorize the cancellation of a mortgage registration, with or without leave, and a transcript of an order for seizure and execution without payment;
4° to make a lease, a commercial lease or a rent lease of more than nine years;
5° to give up or accept a succession or a universal or universal legacy;
6° to accept a donation or bequest in a particular way;
7° to judge by asking or defending;
8° to conclude an indivision pact;
9° to buy a building property;
10° to transfer or enter into an arbitration agreement;
11° to continue a trade;
12° to make an application for real property rights;
13° to be disposed of by donation between livers;
14° to enter into or amend a marriage contract;
15° to write or revoke a will;
16° to carry out daily management actions;
17° to exercise the legal administration of the property of the minor referred to in Book I^erTitle IX.
Where applicable, the justice of the peace specifies in his or her order what are the daily management acts referred to in paragraph 3, 16° .
§ 3. If the justice of the peace orders both a measure of judicial protection of the person and a measure of judicial protection of the property, it determines in two separate parts of its order acts related to the person and acts related to the property that the protected person is unable to perform. "
Art. 43. In the same subsection 2, an article 492/2 is inserted as follows:
“Art. 492/2. The justice of the peace may order representation for the performance of a legal act or a procedural act only if the assistance in the performance of that act is not sufficient.
In the absence of an indication contrary to the order, the protected person is only assisted in the performance of the acts for which it was declared incapable.
The justice of the peace may, in respect of a person referred to in section 488/2, only order assistance in the performance of all or part of the acts relating to the property of the protected person. "
Art. 44. In the same subsection 2, an article 492/3 is inserted as follows:
Art. 492/3. The judicial protection measure produces its effect from the publication of the order to the Belgian Monitor in respect of the acts referred to in Article 499/7, §§ 1^er and 2. For other acts, the judicial protection measure shall be effective from the filing of the application to designate a director. "
Art. 45. In the same subsection 2, an article 492/4 is inserted as follows:
"Art. 492/4. The justice of the peace may, at any time, either ex officio or at the request of the protected person or his or her trusted person, administrator or interested person, as well as the King's prosecutor, terminate the judicial protection measure or amend its content by a reasoned order. Sections 1241 and 1246 of the Judicial Code are applicable. Where applicable, the judicial protection measure ends on the day of the order.
The judicial protection measure is assessed in accordance with paragraph 1^er no later than two years after the order is made under section 492/1.
The legal protection measure shall be terminated in the event of the death of the protected person, on the expiry of the term for which it was taken or in the event of the final release of the internee. The public ministry informs the justice of the peace of the final release of the internee. "
Art. 46. In the same subsection 2, an article 492/5 is inserted as follows:
"Art. 492/5. The King shall, in accordance with the Order of Physicians and the National Higher Council of Persons with Disabilities, establish a list of health states that are deemed to have a serious and persistent impact on the ability of the person to ensure proper management of his or her heritage interests, even through assistance.
If the medical certificate referred to in section 1241 of the Judicial Code indicates that the person to be protected is in a state of health listed in paragraph 1^er, Articles 492/1, § 2, paragraphs 3 and 4, and 492/4, paragraph 2, are not applicable and, by derogation from Article 492/1, § 3, and in the absence of indications in the order referred to in Article 492/1, § 2, the person to be protected shall be represented in the performance of all legal acts and proceedings concerning his property.
However, the justice of the peace has the opportunity to make a tailor-made assessment if he considers it necessary. "
Art. 47. In section 3, inserted by section 37, a sub-section 3, entitled "Sanctions".
Art. 48. In subsection 3 inserted by section 47, section 493, repealed by the Act of 10 October 1967, is reinstated in the following wording:
“Art. 493. § 1^er. The acts performed by the protected person in violation of his or her inability to his or her person, established in accordance with Article 492/1, § 1^er, are lawless.
If the acts referred to in paragraph 1^er, have been authorized by the justice of the peace under conditions but have been performed by the protected person without respect for them, the nullity of such acts may be invoked.
§ 2. The acts referred to in Article 499/7, § 2, performed by the protected person in violation of his or her incapacity for his or her property, established in accordance with Article 492/1, § 2, are null and void of law.
Subject to paragraph 1^er, the acts performed by the protected person in violation of his or her inability to his or her property, established in accordance with Article 492/1, § 2, are null in the event of injury. The invalidity is appreciated by the judge in the light of the rights of third parties in good faith. However, the judge may also, in the event of an excess, reduce the obligations that the protected person would have contracted through purchases or otherwise; In this regard, the judge takes into account the wealth of the protected person, the good faith of the persons who have contracted with it, and the usefulness or use of expenses.
If acts referred to in articles 905 and 1397/1 were authorized by the justice of the peace under conditions, but were performed by the protected person without respect for them, they are null and void.
§ 3. The invalidity can only be invoked by the protected person and its administrator. The invalidity of the act may be covered by its administrator for the duration of the protection measure. If this is an act referred to in section 499/7, the justice of the peace shall give the administrator a special authorization. The procedure referred to in section 1250 of the Judicial Code is applicable.
When the protected person is admitted in that capacity to be returned against his or her commitments, the reimbursement of what would have been, as a result of these commitments, paid during the protection cannot be required, unless it is proved that what has been paid has turned to his or her benefit.
§ 4. This section is applicable to acts committed in violation of section 498/1 by the protected person who enjoys a assistance regime. "
Art. 49. In the same subsection 3, an article 493/1 is inserted as follows:
"Art. 493/1. The action in nullity is prescribed by five years.
This short period of time against the protected person as of the knowledge it has had of the litigious act or the meaning that it has been made after the end of the duties of the administrator.
The deadline is short, against its heirs, to date of the knowledge they have had or the meaning that has been made to them after the death of the person they hold their rights.
The prescription that began to run against the protected person continues to run against the heirs.
Notwithstanding the expiry of this period, the protected person or his or her heirs may claim damages and interests to the bad faith contractor because of the harm suffered. "
Art. 50. In the same subsection 3, an article 493/2 is inserted as follows:
"Art. 493/2. Any act completed before the judicial protection measure has produced its effects may be annulled, if the cause of the measure did notoriously exist at the time these acts were performed. "
Art. 51. In the same subsection 3, an article 493/3 is inserted as follows:
"Art. 493/3. After the death of the protected person, the acts carried out by the protected person in a costly manner cannot be attacked because of his state of health, since all the judicial protection would have been pronounced or requested before his death, unless the evidence of the inability to express his or her will results from the act itself which is under attack. "
Art. 52. In book I^er, title XI, of the same Code, it is inserted a new chapter II/1 entitled "From Administration".
Art. 53. In chapter II/1, inserted by section 52, it is inserted a section 1^re "Definitions."
Art. 54. In section 1^re, inserted by section 53, section 494, repealed by the law of 10 October 1967, is reinstated in the following wording:
"Art. 494. For the purposes of this chapter, the following means:
(a) Protected person: a major person who, by a decision in accordance with section 492/1, has been declared unable to perform one or more acts;
(b) administrator of the person: person who assists or represents the person protected in the performance of acts relating to his or her person, for which he or she was declared incapable in accordance with section 492/1;
(c) Property administrator: person who assists or represents the protected person in the performance of acts relating to his or her property, for which he or she was declared incapable in accordance with section 492/1;
(d) a person of trust: a person who intervenes as an intermediary between the person's administrator, the property administrator and the protected person, who expresses, in the cases provided by law, the opinion of the protected person if the person is not in a position to do so, or assists in expressing his or her opinion, if he or she is unable to do so independently, and who ensures the proper functioning of the administration;
(e) assistance: the administrator's intervention to improve the validity of an act by the protected person itself;
(f) representation: the intervention of the administrator on behalf of and on behalf of the protected person;
(g) Management: the Administrator's intervention to perform acts relating to property that cannot result in representation. "
Art. 55. In chapter II/1 inserted by section 52, it is inserted a section 2 entitled "From the Opening of Administration".
Art. 56. In section 2 inserted by section 55, section 495, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 495. The administration of protected persons opens when the justice of the peace:
- order a judicial protection measure in accordance with section 492/1 and that a person who provides assistance to the protected person in carrying out acts must be designated;
- order a judicial protection measure in accordance with section 492/1 and that a person who represents the person protected to perform acts must be designated. "
Art. 57. In chapter II/1 inserted by section 52, it is inserted a section 3 entitled "From the Organization of Administration".
Art. 58. In section 3 inserted by section 57, section 496, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 496. Any person for whom no measure of judicial protection referred to in section 492/1 has been taken may file with the justice of the peace of his or her residence or, failing that, with his or her domicile or with a notary a statement in which he or she communicates his or her preference with respect to the administrator or trustee to designate if the justice of the peace ordered a measure of judicial protection.
This same statement may contain several principles that the director responsible for a representation mission must respect in the exercise of his or her mission.
An authentic act of this declaration is established. The justice of the peace assisted by the clerk may go to the residence or domicile of the applicant, even outside his canton, at the request and at the expense of the applicant, to register a statement.
Within fifteen days of the filing of the above-mentioned declaration, the clerk or notary shall record the said declaration in a central register, held by the Royal Federation of the Belgian Notariat.
The King sets out the modalities for the creation, holding and consultation of the central registry. The King determines the authorities that have free access to the central registry. The King sets the fee for the registration of these statements.
Before the justice of the peace renders the judicial protection measure, the clerk shall verify whether a statement has been registered in the register referred to in paragraph 4. If this is the case, he asks the notary or the Clerk of Peace Justice to whom the act of designation of a director and trustee has been passed to send him a certified true copy.
The person referred to in paragraph 1^er may, at any time, be identical to that provided for in subparagraphs 1^er and 2, revoke the statement and express, where appropriate, a new preference. It is then proceeded as provided for in previous paragraphs. The justice of the peace or the notary before whom the statement is revoked shall inform the justice of the peace or the notary before whom the initial statement was made. The latter mentions the revocation of the amended act. "
Art. 59. In the same section 3, an article 496/1 is inserted as follows:
"Art. 496/1. § 1^er. The parents, the spouse, the legal cohabitant, the person who is maritally living with the protected person or a member of the close family who has been designated as administrator may file, before the justice of the peace who manages the administrative record, a statement in which they disclose their preference to the administrator to designate in case the administrator cannot exercise his or her mandate.
This declaration is the subject of an act, of which a certified true copy is attached to the administrative file referred to in section 1253 of the Judicial Code.
Whenever the justice of the peace designates a director in replacement or succession of the administrator referred to in paragraph 1^er, it checks beforehand whether the administrative file contains a statement.
§ 2. A person who has been designated as a trusted person by the protected person may make, before the justice of the peace who manages the administrative record, a statement in which he or she discloses his or her preference for the trusted person to be appointed in the event that he or she cannot continue to exercise that function. This declaration is the subject of an act, a certified true copy of which is attached to the administrative record referred to in section 1253 of the Judicial Code.
Whenever the justice of the peace who manages the administrative record means a person of trust in replacement or succession of the trustee referred to in paragraph 1^er, it checks beforehand whether the administrative file contains a statement. "
Art. 60. In the same section 3, an article 496/2 is inserted as follows:
"Art. 496/2. If the person designated in accordance with sections 496 and 496/1 accepts the administration, the justice of the peace shall approve the designation, unless serious reasons for the interest of the person protected and specified in the grounds of the order prohibit the choice.
The justice of the peace may also refuse the registration on the basis of the extract from the court record of the designated person. "
Art. 61. In the same section 3, an article 496/3 is inserted as follows:
"Art. 496/3. If there has not been any use of the possibilities provided for in sections 496 and 496/1 or if the choice has not been followed, the justice of the peace shall select a director who is capable of attending or representing the person to be protected.
The justice of the peace prefers, as administrator of the person, the parents or one of the two parents, the spouse, the legal cohabitant, the person who is married to the person to be protected, a member of the close family, a person who is responsible for the person's daily care to protect or who accompanies the person to protect and his or her entourage in such care, or a private foundation, which devotes exclusively to the person to protecting, taking into account
The justice of the peace preferably designates the person's administrator as a property administrator, unless it is contrary to the person's interest to protect or has not been designated as a trustee. In the absence of a director of the person or if he or she considers that another person must be designated as administrator of the property, the justice of the peace preferably chooses as administrator of the property the parents or one of the two parents, the spouse, the legal cohabitant, the person with whom the person to protect lives maritally, a member of the close family, a person who deals exclusively with the person's daily care to protect or protect the person "
Art. 62. In the same section 3, an article 496/4 is inserted as follows:
"Art. 496/4. § 1^er. The justice of the peace may designate only one person as director of the person, with the exception of the parents of the person to be protected.
§ 2. The justice of the peace may designate several directors of the property in the interest of the person to be protected. Where appropriate, it specifies the skills of the various directors and how they exercise these competencies.
÷ in respect of third parties in good faith, any director shall be deemed to act with the agreement of the other director or other administrators when he or she performs an act relating to the administration of the property, subject to the exceptions provided by law. "
Art. 63. In the same section 3, an article 496/5 is inserted as follows:
"Art. 496/5. No one is required to accept the functions of an administrator. "
Art. 64. In the same section 3, an article 496/6 is inserted as follows:
"Art. 496/6. cannot be administrators:
1° persons subject to judicial or extrajudicial protection;
2° legal persons, with the exception of the private foundation which is devoted exclusively to the protected person;
3° the executives or staff of the institution where the protected person resides;
4° with regard to the administration of property only, persons who cannot freely dispose of their property;
5° persons who, under section 32 of the Act of 8 April 1965 relating to the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact, are completely deprived of parental authority. "
Art. 65. In the same section 3, an article 496/7 is inserted as follows:
"Art. 496/7. Without prejudice to section 492/4, the justice of the peace may at any time, either ex officio or at the request of the protected person, the trusted person, the administrator or any interested person as well as the Crown Prosecutor, by reasoned order, replace the administrator or modify the powers entrusted to him. If several asset administrators have been designated, the director may also terminate the mission of a director or alter the way in which they exercise their skills. The procedure provided for in Article 1250 of the Judicial Code is applicable.
If the justice of the peace considers it necessary, the justice of the peace may require the security administrator, either at the time of his appointment or during the course of his or her mission. "
Art. 66. In chapter II/1 inserted by section 52, a section 4 entitled "From the operation of the administration" is inserted.
Art. 67. In section 4 inserted by section 66, a sub-section 1 is inserted.^re entitled "General Provisions".
Art. 68. In subsection 1^re inserted by section 67, section 497, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 497. Administration is a personal charge that does not pass to the administrator's heirs.
The administration aims to defend the interests of the protected person. It increases, to the extent possible, the autonomy of the protected person. "
Art. 69. In the same subsection 1^rean article 497/1 is inserted as follows:
"Art. 497/1. The King may subordinate the exercise of the function of administrator under certain conditions, including by limiting the number of persons that may be the administrator. "
Art. 70. In the same subsection 1^rean article 497/2 is inserted as follows:
"Art. 497/2. The following acts are not subject to assistance or representation by the administrator:
(1) consent to marriage referred to in articles 75 and 146;
2° an action for annulment of marriage referred to in sections 180, 184 and 192;
3° the attachment of the marital residence referred to in section 214, paragraph 2;
4° consent to have family housing, referred to in Article 220, § 1^er;
5° the consent of a divorce action for irremediable disunion referred to in section 229;
6° the introduction of a body separation application referred to in Article 311bis;
7° the introduction of a divorce application by mutual consent referred to in section 230;
8° recognition of a child, referred to in section 328;
9° consent to recognition referred to in Article 329 bis, § 2;
10° opposition to an action in search of maternity or paternity, referred to in Article 332quinquies, § 2;
11° the initiation of a filiation action referred to in articles 312, § 2, 314, 318, 322, 329bis, 330 and 332quinquies;
12° consent to its adoption, referred to in Article 348-1;
13° the exercise of parental authority over the minor child of the protected person, as well as parental prerogatives with respect to the status of the person of that minor child;
14° making a declaration of legal cohabitation referred to in Article 1476, § 1^er, and that of ending it in accordance with Article 1476, § 2;
15° consent to sterilization;
16° consent to a medically assisted reproductive act referred to in the Act of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes;
17° the declaration of having the constant and irreversible conviction of belonging to the sex opposed to that which is indicated in the birth certificate referred to in article 62bis, § 1^er;
18° the application for euthanasia referred to in sections 3 and 4 of the Act of 28 May 2002 on euthanasia;
19° the application for an interruption of pregnancy referred to in section 350 of the Criminal Code;
20° consent to acts that affect the physical integrity or intimate life of the protected person, without prejudice to the derogatory provisions repeated in particular laws;
21° consent to the use of in vitro gametes or embryos for research purposes, referred to in Article 8 of the Act of 11 May 2003 on research on in vitro embryos;
22° the exercise of the right to refuse the realization of an autopsy on a child under eighteen months, referred to in section 3 of the Act of 26 March 2003 regulating the practice of autopsy after the unexplained and medically unexplained death of a child under eighteen months;
23° consent to a collection of blood and blood derivatives referred to in Article 5 of the Act of 5 July 1994 on blood and blood derivatives of human origin;
24° the gift between lively, except for gifts of use proportional to the heritage of the protected person;
25° the establishment or revocation of a testamentary provision;
26° the exercise of the political rights referred to in Article 8, paragraph 2, of the Constitution. "
Art. 71. In the same subsection 1^re, an article 497/3 is inserted as follows:
"Art. 497/3. § 1^er. Disputes between the person's administrator and the property's administrator shall be settled, upon request, by the justice of the peace in the interest of the protected person, in accordance with the procedure provided for in Article 1252 of the Judicial Code.
§ 2. The agreement of the person's administrator and the property's administrator is required to carry out legal acts and make decisions that concern both the person and the property of the protected person.
÷ in respect of third parties in good faith, each director is expected to act with the agreement of the other administrator when he or she performs only an act relating to the legal protection regime, except as provided by law. "
Art. 72. In the same subsection 1^re, an article 497/4 is inserted as follows:
"Art. 497/4. In the event of an objection of interest between the protected person and his administrator, the justice of the peace or the judge seized of the dispute shall designate an ad hoc administrator, either on his or her own motion or at the request of the trusted person, of any interested person or of the Crown Prosecutor.
The procedure referred to in article 1250 of the Judicial Code is applicable by analogy, except in cases where the judge seized of the case designates an ad hoc administrator. "
Art. 73. In the same subsection 1^re, an article 497/5 is inserted as follows:
"Art. 497/5. By a specially reasoned decision, the justice of the peace may allocate to the administrator, after approval of the report referred to in sections 498/3, 498/4, 499/14 or 499/17, a remuneration not exceeding three per cent of the income of the protected person. The justice of the peace takes into account, for the assessment of the remuneration, nature, composition and importance of the managed heritage, as well as the nature, complexity and importance of the benefits provided by the administrator. If the person's administrator has not been designated as a property administrator, the justice of the peace determines which part of the remuneration is for each of them. The King may determine the revenues that serve as a basis for the assessment of remuneration.
If the justice of the peace finds that the administrator fails to perform his or her duties, he or she may, by a specially reasoned decision, refuse to pay or allocate a lower salary.
The remuneration is increased by the costs incurred, duly controlled by the justice of the peace. The King may set certain fees in a lump-sum manner.
The justice of the peace may allocate to the administrator, upon presentation of substantiated statements, compensation in relation to the outstanding duties performed. By exceptional duties, the material and intellectual benefits that do not fall within the framework of the day-to-day management of the protected person's heritage are defined. The King may fix the method of calculating the allowance for exceptional duties.
Except in exceptional circumstances, the justice of the peace may not award any remuneration to the parent or parents of the protected person who have been designated as administrator.
The administrator may not receive, apart from the remuneration or compensation referred to in paragraph 1^er, 3 and 4, no reward or any benefit, of any kind or of any kind, having a relationship with the exercise of the judicial mandate of the administrator. "
Art. 74. In the same subsection 1^rean article 497/6 is inserted as follows:
"Art. 497/6. The justice of the peace may take all measures to inquire about the family, moral and material situation of the protected person, as well as its living conditions.
In particular, he may ask the King's Prosecutor to take, at the intervention of the competent social service, any useful information concerning these different points. "
Art. 75. In the same subsection 1^re, an article 497/7 is inserted as follows:
"Art. 497/7. The person's administrator and the property's administrator inform each other and inform the trusted person of the acts they perform in the performance of their mission. "
Art. 76. In the same subsection 1^re, an article 497/8 is inserted as follows:
"Art. 497/8. When the protected person is in a state of health referred to in the list referred to in section 492/5, paragraph 1^er, it is deemed not to be able to read the report with respect to the application of sections 498/3, 498/4, 499/6, 499/14 and 499/17. "
Art. 77. In section 4, inserted by section 66, a sub-section 2 entitled "De l'assistance" is inserted.
Art. 78. In subsection 2, inserted by section 77, section 498, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 498. This subsection shall apply if the justice of the peace has ordered a judicial protection of assistance in accordance with section 492/1.
Derogation from paragraph 1^er, this subsection is in any case applicable where the justice of the peace ordered a judicial protection measure in respect of a person in the situation referred to in section 488/2. "
Art. 79. In the same subsection 2, an article 498/1 is inserted as follows:
"Art. 498/1. The justice of the peace who orders assistance in accordance with Article 492/2 specifies the terms and conditions. The justice of the peace may decide that the assistance consists in the granting by the administrator of a prior consent to the completion of a single specific act, a class of specific acts or acts that pursue a specific objective. Consent to the performance of acts that pursue a specific objective must in any case be given in writing.
In the absence of any indication in the order referred to in paragraph 1^er, the assistance consists in the written consent prior to the performance of the act or, if it is an act referred to in section 499/7 and a writing is established, in the co-signature of that writing by the administrator. "
Art. 80. In the same subsection 2, an article 498/2 is inserted as follows:
"Art. 498/2. The person's administrator assists the person protected when performing an act concerning the person who, pursuant to section 492/1, is subject to the legal protection measure, unless the act contemplated clearly prejudices the interests of the person protected.
The property administrator assists the protected person when performing an act respecting the property that, in accordance with section 492/1, falls under the measure of judicial protection, unless the intended act prejudices the interests of the protected person.
The administrator associates the protected person, to the extent possible and in the light of his or her ability to understand, with the exercise of his or her mission.
In the event of damage caused by the administrator to the protected person in the course of his or her mission, the administrator only responds to his or her dol and heavy fault. Nevertheless, liability for misconduct is applied less rigorously to the person who performs the assistance mission free of charge than to the person who receives the remuneration referred to in 497/5, paragraph 1^er. "
Art. 81. In the same subsection 2, an article 498/3 is inserted as follows:
"Art. 498/3. § 1^er. The justice of the peace shall determine the time when or the circumstances in which and the manner in which the person's administrator reports on the acts for which he or she has attended the protected person.
In the absence of any indication in the order referred to in Article 492/1, § 1^erthe administrator shall report annually to the justice of the peace, to the protected person, to the trusted person and to the administrator of the property. The justice of the peace may exempt the administrator from transmitting this report to the protected person, provided that it is not in a position to be aware of it.
The written report includes at least the following:
1° the name, first name and domicile or residence of the administrator, or his social reason and head office;
2° the name, first name and domicile or residence of the protected person and his or her trusted person;
3° a record of the acts for which the administrator attended the protected person.
§ 2. The property administrator shall report annually to the justice of the peace, to the protected person, to the trusted person and to the person's administrator. The justice of the peace may exempt the administrator from transmitting this report to the protected person, provided that it is not in a position to be aware of it.
The written report includes at least the following:
1° the name, first name and domicile or residence of the administrator, or his social reason and head office;
2° the name, first name and domicile or residence of the protected person and his or her trusted person;
3° a record of the acts for which the administrator attended the protected person.
If the justice of the peace has designated several property administrators, it determines how to make this written report.
§ 3. The justice of the peace signs its approval at the bottom of the report. Any comments or observations that the administrator must take into account in the future are forwarded to him.
The report is placed on the administrative file referred to in section 1253 of the Judicial Code.
§ 4. The King establishes a model of report. "
Art. 82. In the same subsection 2, an article 498/4 is inserted as follows:
"Art. 498/4. In the month of the termination of his or her mission, the administrator shall submit a final report prepared in accordance with Article 498/3, § 1^er, paragraph 3, and/or article 498/3, § 2, paragraph 2, to the justice of the peace, to the person in respect of which the measure of judicial protection ended, or to the new administrator. In the latter case, the report is also given to the protected person and his or her trusted person. The justice of the peace may, however, exempt the administrator from transmitting this report to the protected person, provided that it is not in a position to be aware of it.
A report shall be drawn up on the approval or non-approval of the report. Where applicable, reference is made to the reason for refusal to approve the report.
Any approval of the final report prior to the date of the minutes referred to in paragraph 2 is void.
The report and the minutes are placed on the administrative file referred to in section 1253 of the Judicial Code. "
Art. 83. In section 4, inserted by section 66, a sub-section 3 entitled "From Representation and Management" is inserted.
Art. 84. In subsection 3, inserted by section 83, section 499 of the same Code, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 499. This subsection shall apply if the justice of the peace has ordered a judicial protection of representation in accordance with section 492/1. "
Art. 85. In the same subsection 3, an article 499/1 is inserted as follows:
"Art. 499/1. § 1^er. The person's administrator shall represent the person protected in the performance of a legal act or a procedural act relating to the person, provided that the act falls within the legal protection measure referred to in Article 492/1, § 1^er.
§ 2. The property administrator manages the property of the person protected as a good father of the family and represents the person protected when performing a legal act or procedural act relating to such property, provided that this act falls within the legal protection measure referred to in 492/1, § 2.
§ 3. The administrator shall, as far as possible, respect the principles for which the protected person has chosen in accordance with section 496, paragraph 2. The justice of the peace may, however, exempt the administrator from the obligation to respect certain principles in the event that the circumstances have in the meantime evolved to the point that there are serious doubts that the intention of the protected person is to enforce these principles.
The administrator associates the protected person, to the extent possible and taking into account his or her ability to understand, with the exercise of his or her mission. In carrying out his mission, he or she meets regularly with the protected person or with his or her trusted person.
The administrator shall inform the protected person of the acts he or she performs. In special circumstances, the justice of the peace may exempt him from this obligation. ÷ failure of a person's administrator, property administrator or trustee, the justice of the peace may designate another person or institution that the administrator must inform. "
Art. 86. In the same subsection 3, an article 499/2 is inserted as follows:
"Art. 499/2. The property administrator uses the income of the protected person to ensure the maintenance of the protected person, to provide care and to ensure his or her well-being, and requires the application of social legislation in the interests of the protected person.
It makes the necessary amounts available to the protected person after having worked together on this subject with her and her trusted person and the person's administrator.
All of these provisions apply without prejudice to the legal and regulatory provisions relating to the care for the maintenance of patients, persons with disabilities and older persons. "
Art. 87. In the same subsection 3, an article 499/3 is inserted as follows:
"Art. 499/3. The funds and assets of the protected person are completely and clearly separated from the administrator's personal heritage.
The bank assets of the protected person are registered in their own name. "
Art. 88. In the same subsection 3, an article 499/4 is inserted as follows:
"Art. 499/4. The justice of the peace shall, in his or her order under section 492/1, § 2, establish the amount of money placed on an account of the protected person who may, during the period that he or she determines, be withdrawn or transferred by the administrator without prior authorization. "
Art. 89. In the same subsection 3, an article 499/5, as follows:
"Art. 499/5. The administrator may be assisted in his or her management by one or more persons acting under his or her responsibility.
The justice of the peace may entrust to an institution approved by the National Bank of Belgium, in accordance with the Act of 22 March 1993 on the Status and Control of Credit Institutions, a fund management mission, securities and securities owned by the person protected and deposited with the person. The justice of the peace determines the conditions of this management. "
Art. 90. In the same subsection 3, an article 499/6 is inserted as follows:
"Art. 499/6. At the latest one month after accepting his or her designation, the person's administrator reports to the justice of the peace, the protected person and his or her trusted person on the life of the protected person. The justice of the peace may dispense with this report to the protected person, provided that it is not in a position to be aware of it.
The property administrator shall, no later than one month after accepting the designation, prepare a report on the heritage situation and sources of income of the protected person and transmit it to the justice of the peace, the protected person and the trusted person. The justice of the peace may dispense with this report to the protected person, provided that it is not in a position to be aware of it.
However, the justice of the peace may exempt the administrator from the obligation referred to in paragraphs 1^er and 2, considering the extent of his mission.
The report is placed on the administrative file referred to in section 1253 of the Judicial Code.
The King establishes a model of written report. "
Art. 91. In the same subsection 3, an article 499/7 is inserted as follows:
"Art. 499/7. § 1^er. Without prejudice to the provisions of specific laws, the person's administrator must be specifically authorized by the justice of the peace to:
1° change the residence of the protected person;
2° exercise the rights provided by the Act of 22 August 2002 relating to the rights of the patient, in accordance with article 14, § 2, of the aforementioned Act;
3° to represent the protected person in court by asking in the proceedings and acts.
The justice of the peace may give the authorization referred to in paragraph 1^er, 2°, for the exercise of all rights related to specific medical treatment.
Derogation from paragraph 1^er, 2°, the competent administrator to intervene under the Act of 22 August 2002 may, in the event of an emergency, exercise without special prior authorization of the justice of the peace the rights listed in the aforementioned law. He shall promptly inform the justice of the peace, the trustee and the administrator of the property of his intervention.
§ 2. The property administrator must be specifically authorized by the justice of the peace to:
1° to dispose of the property of the protected person, apart from the fruit and objects of scrap, except as part of the management entrusted to an establishment referred to in 499/5, paragraph 2;
2° borrowing;
3° hypothecate or pledge the property of the protected person or authorize the deletion of a mortgage registration, with or without leave, and a transcript of a seizure-performance order without payment and the exemption from registration of office;
4° to enter into a lease, a commercial lease or rent lease of more than nine years, and to renew a commercial lease;
5° to give up a succession or a universal or universal legacy or accept it, which can only be done under the benefit of an inventory. The justice of the peace may, by a reasoned order, grant the authorization to accept a succession, a universal legacy or a purely and simply universal title, taking into account the nature and consistency of the inherited heritage and provided that the benefits are clearly superior to the burdens of inherited heritage;
6° accepting a donation or bequest in a particular way;
7° represent the person protected in court by asking in the proceedings and acts, except for:
- the procedures and acts referred to in articles 1150, 1180, 1°, 1187, paragraph 2, and 1206 of the Judicial Code;
Civil party constitutions;
- disputes relating to rental contracts or occupation without title or right, and
- applications for the application of social legislation for the protected person;
8° conclude an indivision pact;
9° buying a building property;
10° to transfer or enter into an arbitration agreement;
11° continue a trade. Trade administration may be entrusted to a special administrator under the control of the property administrator. The special property administrator is appointed by the justice of the peace. The justice of the peace may at any time withdraw its authorization to continue trade;
12° alienate memories and other personal objects, even if they are objects of little value, without prejudice to section 499/9;
13° acquire a real estate claim;
14° authorize payment service providers to post any distinctive sign on the payment instruments of the protected person.
The withdrawal and transfer of money placed on a protected person account is not considered an alienation of property for the purposes of paragraph 1^er, 1°, as long as they meet the conditions set out in article 499/4.
§ 3. If a legal act or procedural act concerns both the person and the heritage of the protected person, the justice of the peace may also authorize the administrator to act alone. If it is only seized by the person's administrator or the property's administrator, the other is heard or at least summoned by judicial fold. This summons is a party to the cause. The administrator who obtains the authorization shall promptly inform the other administrator of his or her approach.
§ 4. The administrator of the property may be specially authorized by the justice of the peace to have by donation if the protected person is unable to express his or her will and the will to give expressly from the declaration referred to in section 496, paragraph 2, or earlier written or oral statements of the protected person, formulated at a time when he or she was able to express his or her will. The donation must be in relation to the heritage of the protected person and may not threaten indigence or its creditors of food. Sections 1241 and 1246 of the Judicial Code are applicable. "
Art. 92. In the same subsection 3, an article 499/8 is inserted as follows:
"Art. 499/8. The sale of movable or immovable property of the protected person shall take place in accordance with the provisions of Part IV, Book IV, Chapters IV and V, of the Judicial Code. "
Art. 93. In the same subsection 3, an article 499/9 is inserted as follows:
"Art. 499/9. Memories and other personal objects are, unless absolutely necessary, except for alienation and are kept at the disposal of the protected person until the end of the judicial protection measure.
The shelter of the protected person and the furnishings of which it is furnished must remain at its disposal as long as possible. If it becomes necessary or if it is in the interests of the protected person, especially in the case of long-term hospitalization or removal, to have the related rights, an authorization of the justice of the peace is necessary for this purpose.
In any case, the protected person who has the required discernment and his/her trustee and administrator of the person are invited to be heard, if they wish, before the authorization can be granted. "
Art. 94. In the same subsection 3, an article 499/10 is inserted as follows:
"Art. 499/10. ÷ the exception of the spouse, the administrator may not acquire the property of the protected person, either directly or by an interposed person, except through the special authorization of the justice of the peace, granted in accordance with the procedure provided for in section 1250 of the Judicial Code or under the law of 16 May 1900 making amendments to the estate regime of the minor inheritances, pursuant to the law of 29 August 1988 relating to the estate regime of the farms of friend The property of the protected person may be leased only with the authorization of the justice of the peace, obtained on written request. In this case, the justice of the peace determines in his or her order the terms and conditions of the lease and the special guarantees related to the lease so granted. "
Art. 95. In the same subsection 3, an article 499/11 is inserted as follows:
"Art. 499/11. If no director of the person responsible for deciding on the residence of the protected person has been designated, this residence may be amended only by the approval of the property administrator. In case of refusal, the protected person or any interested person may address the justice of the peace in accordance with the procedure provided for in section 1252 of the Judicial Code. The justice of the peace decides on the interests of the protected person. "
Art. 96. In the same subsection 3, an article 499/12 is inserted as follows:
"Art. 499/12. The meanings and notifications to be made to persons with a director are made to such persons and to the domicile or residence of the administrator, provided that the service or notification has a relationship with the administrator's mission. "
Art. 97. In the same subsection 3, an article 499/13 is inserted as follows:
"Art. 499/13. All acts performed by the administrator in violation of section 499/7 are null and void.
This invalidity can only be invoked by the protected person or an ad hoc administrator.
If the acts referred to in paragraph 1^er have been authorized by the justice of the peace under conditions, but have been performed by the administrator without respecting these, the nullity of these acts may be invoked.
The invalidity of the act may be covered by the administrator, with respect for the forms prescribed for the performance of the act to be confirmed.
The action in nullity is subject to the application of Article 493/1.
When the protected person is allowed to be returned against his or her commitments, the reimbursement of what would have been, as a result of these commitments, paid during the protection cannot be required, unless it is proven that what has been paid has turned to his or her benefit.
The nullity does not prejudice the liability actions that may belong to the protected person against the director. "
Art. 98. In the same subsection 3, an article 499/14 is inserted as follows:
"Art. 499/14. § 1^er. The justice of the peace determines the time when or the circumstances under which and the manner in which the person's administrator reports.
If there is no indication in the order referred to in Article 492/1, § 1^erthe administrator shall, every year, report in writing to the justice of the peace, to the protected person and to his or her trusted person and to his or her property administrator. The justice of the peace may exempt the administrator from transmitting this report to the protected person, if the protected person is unable to find out.
The written report includes at least the following:
1° the name, first name and domicile or residence of the administrator, or its name and head office;
2° the name, first name and domicile or residence of the protected person and his or her trusted person;
3° the life of the protected person;
4° the measures taken by the administrator to improve the welfare of the protected person;
5° the manner in which the administrator has associated the protected person and, where appropriate, his/her trustee and property administrator with the performance of his/her mission and has taken into account their opinion;
6° where applicable, the manner in which the administrator took into account the remarks made by the justice of the peace in a previous report.
The justice of the peace signs its approval at the bottom of the report. Any comments or observations that the person's administrator must take into account in the future are transmitted to him.
§ 2. The property administrator submits an annual written report to the justice of the peace, the protected person and his/her trustee and the person's administrator. The justice of the peace may, however, exempt the administrator from transmitting this report to the protected person, if it is not in a position to be aware of it.
The written report includes at least the following:
1° the name, first name and domicile or residence of the administrator, or its name and head office;
2° the name, first name and domicile or residence of the protected person and, if any, of the trusted person;
3° the accounts, containing at least a summary of the state of the heritage managed at the beginning and end of that period;
4° the manner in which the administrator has associated the protected person and, where appropriate, the person's administrator and trustee in the performance of his or her mission and has taken into account their opinion;
5° the material living conditions of the protected person;
6° where applicable, the manner in which the administrator took into account the remarks made by the justice of the peace in a previous report.
It is attached to the report a photocopy of the last account excerpt to support the balances referred to therein and, where applicable, a statement from the financial agency relating to the capital placed.
The administrator maintains a simplified accounting with minimum cash and account availability movements. However, the justice of the peace may, in view of the nature and extent of the heritage to be managed, exempt the administrator from this obligation.
The justice of the peace approves the report in a minutes. There may be reservations and remarks that the administrator must consider.
If there are serious indications of breaches in the accounts or if there is some complexity in the accounts, the justice of the peace may designate a technical expert to give him a technical opinion on the account. The justice of the peace may charge the costs of the deputy head's technical adviser if the administrator has clearly failed to report or in the course of his or her mission.
If the justice of the peace has designated a number of directors, it sets out how they make the report referred to in paragraph 2.
§ 3. The report and the report are attached to the administrative file referred to in section 1253 of the Judicial Code.
§ 4. The King determines a model of written report and simplified accounting. "
Art. 99. In the same subsection 3, an article 499/15 is inserted as follows:
"Art. 499/15. The property administrator may, in the course of the administration, request the justice of the peace to appoint an ad hoc administrator to monitor the accounts of the administration already deposited and, where appropriate, to grant the discharge on behalf of the protected person. The procedure provided for in Article 1250 of the Judicial Code is applicable. Any costs are borne by the administrator. "
Art. 100. In the same subsection 3, an article 499/16 is inserted as follows:
"Art. 499/16. When the administrator is replaced, the accounts are determined on the date the new administrator accepts his or her mission. "
Art. 101. In the same subsection 3, an article 499/17 is inserted as follows:
"Art. 499/17. § 1^er. In the month of the termination of the person's mission, the final report, prepared in accordance with Article 499/14, § 1^er, shall, in the presence of the justice of the peace, be given to the person whose judicial protection measure has ended or to the new administrator of the person. The report is also given to the property administrator and to the trustee. The justice of the peace may, however, exempt the person's administrator from transmitting this report to the protected person, provided that the person is not in a position to be aware of it.
A report is prepared stating that the report has been submitted and approved or disapproved. Where applicable, reference is made to the reasons for refusal to approve the report.
§ 2. If the justice of the peace terminates the mission of the property administrator by an order under sections 492/4, paragraph 1^er , or 496/7 or if the judicial protection measure is terminated in full accordance with Article 492/4, paragraph 3, the justice of the peace shall charge the administrator of the property to deposit to the office of the office, within the month of the date of the termination of his or her mission referred to in the order, a final report prepared in accordance with Article 499/14, § 2, as well as an inventory of the movable property.
If the justice of the peace terminates the mission of one of the directors of the property that has been designated in accordance with Article 496/4, § 2, it specifies in its order the terms and conditions under which the final report referred to in paragraph 1^er Must be done.
The order referred to in paragraph 1^er also requires the administrator to transmit a copy of the final report and the movable property inventory to the person in respect of whom the judicial protection measure has ended or to the new administrator of his or her property, and, where appropriate, to the person's administrator and to the trusted person.
The justice of the peace also specifies in his or her order, the day on which and the time on which the administrator, the person in respect of whom the judicial protection measure has ended or the new administrator of his or her property, and, where applicable, the administrator of the person and the trusted person must appear in the board's chamber. The order is notified to them by judicial fold.
On the day and time fixed, a report shall be drawn up whether or not the account is surrendered, its approval and the discharge given to the outgoing administrator for accounts that have not yet been discharged, in accordance with section 499/15. The minutes are co-signed by the appearance parties, the justice of the peace and the chief clerk.
Any approval of the final account prior to the date of the minutes referred to in paragraph 4 is void.
If it gives rise to disputes, the record shall be brought to justice in accordance with articles 1358 et seq. of the Judicial Code.
§ 3. The report and the minutes are placed on the administrative file referred to in section 1253 of the Judicial Code. "
Art. 102. In the same subsection 3, an article 499/18 is inserted as follows:
"Art. 499/18. As long as the final account has not been approved, no valid contract may be concluded between the person in respect of whom the judicial protection measure has ended and the former administrator of his property.
On the production of a certified copy by the Registrar of the minutes issued, pursuant to Article 499/17, § 2, paragraph 4, the new administrator of the goods or the formerly protected person shall give the release of the guarantee provided by the administrator for the security of his management. "
Art. 103. In the same subsection 3, an article 499/19 is inserted as follows:
"Art. 499/19. In the event of the death of the protected person during the period of the administration, the justice of the peace may authorize, on his or her own behalf or at the request of the administrator, the trustee or any interested person as well as the Crown Prosecutor, the property administrator, in the absence of an active heir, to continue his or her mission up to two months after the death.
In this case, the administrator's jurisdiction is limited to the payment of the privileged claims referred to in sections 19 and 20 of the Mortgage Act of 16 December 1851 which are prior to the death of the protected person.
By derogation from section 499/17, § 2, the administrator shall deposit, during the period referred to in paragraph 1^erits final report and account at the Registry, where the heirs of the protected person and the notary responsible for the declaration and division of the estate may be aware of it. This provision applies without prejudice to the application of sections 1358 et seq. of the Judicial Code. "
Art. 104. In the same subsection 3, an article 499/20 is inserted as follows:
"Art. 499/20. The approval of the account does not prejudge liability actions that may belong to the protected person against the administrator. "
Art. 105. In the same subsection 3, an article 499/21 is inserted as follows:
"Art. 499/21. Any action by the protected person against his or her director relating to the facts and accounts of the administration is prescribed by five years from the end of the administrator's mission. "
Art. 106. In the same subsection 3, an article 499/22 is inserted as follows:
"Art. 499/22. The administrator may destroy all the administrative documents five years after the end of the administration.
Derogation from paragraph 1^er, the administrator may destroy all parts that are not directly related to the obligations prescribed by this Code, such as invoices or correspondence, dating more than five years. "
Art. 107. In section 4, inserted by section 66, a sub-section 4 entitled "From the administration exercised by the parents" is inserted.
Art. 108. In subsection 4, inserted by section 107, section 500, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 500. This subsection is applicable if the justice of the peace has ordered a judicial protection of representation in accordance with section 492/1, and has designated as director the father and mother of the protected person or one of them. "
Art. 109. In the same subsection 4, an article 500/1 is inserted as follows:
"Art. 500/1. The provisions of subsection 3 shall apply by analogy, with the exception of the exemptions provided for in this subsection. "
Art. 110. In the same subsection 4, an article 500/2 is inserted as follows:
"Art. 500/2. By derogation from section 499/14, the justice of the peace shall, within one month of the time when the report referred to in section 499/6 was placed on the administrative record, after hearing the parents, the protected person and his or her trusted person, the time when or the circumstances under which and the manner in which the parents report. "
Art. 111. In the same subsection 4, an article 500/3 is inserted as follows:
"Art. 500/3. § 1^er. If both parents have been appointed as administrators, they jointly administer.
In respect of third parties in good faith, each parent is deemed to act with the agreement of the other parent when he or she performs only an act concerning the management of the property of the protected person, subject to the exceptions provided by law.
Disputes between parents are settled in the interests of the protected person by favouring the use of mediation in accordance with articles 1724 to 1737 of the Judiciary Code and by default, in accordance with the procedure provided for in article 1252 of the Judicial Code.
§ 2. If a third party is a director, the conflicts between that third party and the parents also designated as administrators are settled in the interests of the protected person, in accordance with the procedure provided for in Article 1252 of the Judicial Code. "
Art. 112. In the same subsection 4, an article 500/4 is inserted as follows:
"Art. 500/4. The parent whose role as an administrator is terminated, shall report and report, in accordance with section 499/17, only upon the express request of the person in respect of whom the protection measure has ended or the new administrator, within the month following the termination of his or her mission. Articles 499/18 and 499/20 to 499/22 are then applied.
Section 499/19 is applicable when the administration ends as a result of the death of the protected person. By derogation from section 499/19, parents must report and report, within the month following the death of the protected person, only at the express request of the heirs of the protected person. "
Art. 113. In section 4, inserted by section 66, a sub-section 5, entitled "From the trusted person".
Art. 114. In subsection 5, inserted by section 113, section 501, repealed by the Act of 10 October 1967, is reinstated in the following wording:
"Art. 501. The person to be protected or protected has the right to be supported, throughout the administration, by a trusted person whom he or she has designated personally.
The registration of the designation of the trustee shall be carried out, upon written or verbal request addressed to the justice of the peace, by the person protected or protected, by a third party in the interest of the person, or by the Crown Prosecutor, at the beginning or during the administration. The justice of the peace first ensures his acceptance and decides by a specially motivated order.
If the person designated in accordance with sections 496 and 496/1 accepts the function of a trusted person, the justice of the peace shall approve the designation, unless serious reasons for the interests of the protected person specified in the grounds of the order prohibit the following choice.
If the protected person has not personally designated a trusted person, the justice of the peace may examine the possibility of homologating the designation of a trusted person, in accordance with paragraphs 2 and 3, or may designate a trusted person on his or her own behalf.
Article 1246 of the Judicial Code is applicable.
cannot be designated as a trusted person:
1° the administrator of the protected person;
2° persons in respect of whom a measure of judicial or extrajudicial protection has been taken;
3° legal persons;
4th persons who, in accordance with section 32 of the Act of 8 April 1965 relating to the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact, are completely deprived of parental authority;
5° if the administration is exercised by both parents or by one of the two, a parent of the protected person up to the second degree.
However, in exceptional circumstances, the justice of the peace may waive, by a specially motivated order, in paragraph 6, 5°, if it finds that this serves the interests of the protected person.
The justice of the peace may refuse the designation of the trustee on the basis of his judicial record extract.
It may, in the interests of the protected person, designate several trusted persons.
Where applicable, it specifies the skills of different trustees as well as the procedures for exercising their jurisdiction. "
Art. 115. In the same subsection 5, an article 501/1 is inserted as follows:
“Art. 501/1. The protected person may give up at any time the support of the trusted person or designate another trusted person. The procedure is filed by written or oral request.
Article 1246 of the Judicial Code is applicable.
The justice of the peace may, in the interests of the person to be protected, decide at any time, by a reasoned order, either on his or her own motion or at the request of a director or the Crown Prosecutor, that the person of trust shall no longer exercise his or her office. "
Art. 116. In the same subsection 5, an article 501/2 is inserted as follows:
“Art. 501/2. The trustee supports the protected person. To the extent possible, it maintains close contacts with the protected person and regularly interacts with its administrator.
The trustee receives all the administration reports. It is kept informed by the administrator of all acts relating to the administration and may collect from it all the information useful in this regard.
In the cases provided by law, the trusted person expresses the wishes of the protected person, if the protected person is unable to express them himself. The trusted person helps the protected person express their opinion, if the protected person is unable to express it independently.
If the trustee finds that the administrator clearly fails his or her mission, she asks the justice of the peace to review the order under section 492/1, in accordance with section 496/7.
If, in the exercise of his or her mission, the person of trust causes harm to the protected person, he or she is solely responsible for his or her dol and serious fault. "
Art. 117. In chapter II/1, inserted by section 52, a section 5 entitled "From the end of the administration".
Art. 118. In section 5, inserted by section 117, it is inserted section 502, which is replaced by the following:
"Art. 502. § 1^er. The administration shall terminate in the cases provided for in section 492/4.
§ 2. Without prejudice to Article 499/19, the Administrator's mission shall end:
1° by the end of the administration;
2° by the death of the administrator or the dissolution of the private foundation;
3° by placing the administrator under a judicial protection measure in accordance with Article 492/1;
4° by taking an extrajudicial measure in respect of the administrator;
5° if the justice of the peace decides, in accordance with Article 496/7, to replace the administrator;
6° if the justice of the peace orders an extra-judicial protection measure in respect of the protected person referred to in sections 490 or 490/1, and in addition to the lifting of the judicial protection measure in respect of the protected person. "
Art. 119. In book I^erTitle XI, chapter II, of the same Code, are repealed:
1° Articles 503 and 504;
2° Article 508;
3° Articles 509 to 511, as amended by the Act of 29 April 2001;
Article 512.
Art. 120. In book I^erPart XI, of the same Code, Chapter III containing sections 513 to 515 is repealed.
Art. 121. In section 776 of the same Code, replaced by the Act of 29 April 2001 and amended by the Act of 13 February 2003, the words "and prohibitions" are repealed.
Art. 122. Section 817 of the Code, as amended by the Acts of 29 April 2001 and 9 May 2007, is replaced by the following:
"Art. 817. Shared action with respect to minors or major coheritors who are deemed unable to dispose of property under section 492/1 may be exercised by their guardian or administrator specially authorized to do so by the justice of the peace for guardianship or administration. "
Art. 123. In section 819, paragraph 2, of the same Code, as amended by the Acts of 10 May 1960 and 29 April 2001, the words "prohibits" are replaced by the words "protected persons who, under section 492/1, have been declared incapable of alienating property".
Art. 124. In section 838 of the same Code, replaced by the Act of 18 July 1991, the words "prohibits, persons with a provisional administrator under sections 488bis, A) to K" are replaced by the words "protected persons who, under section 492/1, have been declared incapable of alienating property."
Art. 125. Section 905 of the Code, repealed by the Act of 14 July 1976, is reinstated in the following wording:
"Art. 905. Without prejudice to sections 903 and 904, the person who, on the basis of section 492/1, has been declared unable to dispose of, either by gift between live or by will, may nevertheless do so after being authorized, at his or her request, by the justice of the peace referred to in section 628, 3°, of the Judicial Code.
The justice of the peace judges the ability of the protected person to express his or her will.
Where, pursuant to paragraph 1^er, the justice of the peace gives permission to the protected person to dispose by will, it can only test by authentic act, without having to submit the project to the justice of the peace.
By derogation from paragraph 3, the justice of the peace may authorize the will to be received in international form where the formal conditions of the authentic will referred to in section 972 cannot be met because of the physical incapacity of the protected person.
The justice of the peace may also refuse the authorization to dispose by donation if the donation threatens indigence the protected person or his or her creditors of food.
Sections 1241 and 1246 of the Judicial Code are applicable. "
Art. 126. In the same Code, section 908, repealed by the Act of March 31, 1987, is reinstated in the following wording:
"Art. 908. The administrator referred to in Book 1^erPart XI, Chapter II/1, and any person exercising a judicial mandate, may not receive a gift or bequest from the protected person or the person in respect of whom they exercise that mandate. The same prohibition applies to the ascendants or descendants of that director or judicial agent, as well as to his spouse or legal cohabitant. Exceptions provided for in article 909, paragraph 3, 2 and 3, shall apply by analogy. "
Art. 127. In section 935 of the same Code, as amended by the Act of 29 April 2001, the following amendments are made:
1° in paragraph 1^er, the words "or a prohibition" are repealed;
2° paragraph 1^er is supplemented by the following sentence:
"A donation made to a protected person who, under section 492/2, has been declared incapable of receiving it, must be accepted by the administrator in accordance with Article 499/7, § 2, paragraph 1^er6°. »;
3° paragraph 2 is supplemented by the following sentence:
"The protected person who, under section 492/1, needs assistance in accepting a donation, can accept with the assistance of its administrator. "
Art. 128. Section 942 of the same Code, replaced by the Act of 14 July 1976, is replaced by the following:
" Minors and protected persons who, under section 492/1, have been declared unable to receive donations, are not returned against the lack of acceptance or transcription of donations, except their recourse against their guardian or administrator, if they buy them, but without restitution may take place in the case even where the guardian or administrator is insolvent. "
Art. 129. In section 1031, paragraph 1^er, of the same Code, as amended by the Act of 9 May 2007, the words "prohibited or presumed absent" are replaced by the words "protected persons who, under section 492/1, have been declared incapable of accepting the succession or alleged heirs absent".
Art. 130. In article 1057 of the same Code, amended by the laws of 15 December 1949 and 29 April 2001, the words "if they are minors or have been banned" are replaced by the words "if they are minors or have been declared incapable of accepting a succession under section 492/1" and the words "called major, minor or prohibited" by the words "called major, minor or protected under section 492/1".
Art. 131. In section 1070 of the same Code, the word "prohibits" is replaced each time by the words "protected persons under section 492/1".
Art. 132. In section 1124 of the same Code, replaced by the Act of 30 April 1958, the words "prohibitions" are replaced by the words "protected persons under section 492/1".
Art. 133. In section 1125 of the same Code, replaced by the Act of 30 April 1958, the following amendments are made:
1° in paragraph 1^er, the words "exhibit" are replaced by the words "the person protected under section 492/1";
2° in paragraph 2, the words "exhibit" are replaced by the words "the person protected under section 492/1".
Art. 134. Paragraph 3, as amended by the Act of 14 July 1976, is replaced by the following:
"The time is short, in respect of acts committed by minors, only on the day of the majority. "
Art. 135. In section 1312 of the same Code, replaced by the Act of 30 April 1958, the words "or prohibitions" and the words "or prohibition" are repealed.
Art. 136. In section 1314 of the same Code, the words "or prohibitions" and the words "or before prohibition" are repealed.
Art. 137. In book III, title V, chapter I^erArticle 1397/1 of the same Code reads as follows:
"Art. 1397/1. The protected person declared unable to enter into a marriage contract under section 492/1 may enter into a marriage contract and amend his or her matrimonial regime after obtaining, at his or her request, the authorization of the justice of the peace on the basis of the drafted by the notary.
Sections 1241 and 1246 of the Judicial Code are applicable.
In particular cases, the justice of the peace may authorize the administrator to act alone, or authorize him to assist the protected person. The procedure provided for in Article 1250 of the Judicial Code is applicable. A copy of the notarial bill is attached to the request. "
Art. 138. In article 1426, § 4, of the same Code, the words "Article 1253 of the Judicial Code" are replaced by the words "Article 1249 of the Judicial Code".
Art. 139. In section 1428, paragraph 2, of the same Code, replaced by the Act of 29 April 2001, the words "uncapable" are replaced by the words "protected persons who have been declared unable to dispose of property under section 492/1".
Art. 140. Article 1475, § 2, of the same Code, restored by the law of 23 November 1998, is supplemented by three paragraphs written as follows:
"The person expressly declared incapable of making a declaration of legal cohabitation under Article 492/1, § 1^er, paragraph 3, 10°, may nevertheless be authorized by the justice of the peace referred to in article 628, 3°, of the Judicial Code to make a declaration of legal cohabitation.
The justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code are applicable. "
Art. 141. Article 1476, § 2, of the same Code, restored by the law of 23 November 1998, is supplemented by three paragraphs written as follows:
"The person expressly declared incapable of making a declaration of legal cohabitation under Article 492/1, § 1^er, paragraph 3, 10°, may, at its request, be authorized by the justice of the peace referred to in article 628, 3°, of the Judicial Code to terminate the legal cohabitation.
The justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code are applicable. "
Art. 142. In section 1676, paragraph 2, of the same Code, as amended by the Acts of 13 February 2003 and 9 May 2007, the word "prohibited" is replaced by the words "protected persons under section 492/1".
Art. 143. In section 2003 of the same Code, as amended by the Act of 15 December 1949, the following amendments are made:
1° the words "ban" are repealed;
2° the article is supplemented by the following:
"when the principal is in the state referred to in Article 488/1 or 488/2 and the term does not meet the requirements set out in Articles 490 and 490/1, § 1^er "
Art. 144. In section 2045 of the same Code, as amended by the laws of 15 December 1949 and 29 April 2001, the following amendments are made:
1° in paragraph 2, the words "or incapable" are repealed;
2° a paragraph is inserted between paragraphs 2 and 3:
"For a person who has been declared unable to transfer under section 492/1, the administrator may only transfer by observing the forms prescribed in section 499/7, § 2, paragraph 1^er, 10°, and after the end of his mission, he may only transfer concerning the administrative account in accordance with section 499/18. "
Art. 145. In section 2252 of the same Code, the word "prohibits" is replaced by the words "protected persons with respect to acts for which they have been declared incapable under section 492/1".
Art. 146. In section 2278 of the same Code, the word "prohibited" is replaced by the words "protected persons under section 492/1" and the words "their guardians" are replaced by the words "the guardian or administrator".
CHAPTER 3. - Amendments to Book III, Title VIII, Chapter II, Section 2bis of the Civil Code with respect to rules specific to commercial leases
Art. 147. In article 16, III, section 2bis of Book III, title VIII, chapter II, of the Civil Code, last amended by the law of 9 May 2007, the words "exhibit" are replaced by the words "the protected person who has been declared unable to enter a lease under section 492/1 of the Civil Code".
CHAPTER 4. - Amendments to the Code of Criminal Investigation
Art. 148. Article 145 of the Code of Criminal Investigation, as amended by the Acts of 10 July 1967 and 11 July 1994, is supplemented by a paragraph written as follows:
"The meaning to be made to persons with a director is made to that person and to the residence or residence of the administrator. "
Art. 149. In section 182, paragraph 1^erin the same Code, between the first and the second sentence, last amended by the Act of 30 December 2009, a sentence is inserted as follows:
"The quote to be made to persons with an administrator is also made at the home or residence of the administrator. "
CHAPTER 5. - Amendments to the Criminal Code
Art. 150. In section 31, paragraph 1^er, 5°, of the Criminal Code, replaced by the Act of 29 April 2001 and amended by the Act of 9 May 2007, the words "of judicial council" are repealed and the words "of provisional administrator" are replaced by the words "of administrator of a person who is protected under section 492/1 of the Civil Code".
Art. 151. ÷ section 460bis of the same Code, inserted by the law of January 14, 1928, the words ", curator or judicial council" are replaced by the words "or curator".
CHAPTER 6. - Amendment of the Decree-Law of November 14, 1939 concerning the repression of drunkenness
Art. 152. In Article 10, paragraph 1^er, 1°, of the decree-law of November 14, 1939 relating to the repression of ivresse, replaced by the law of April 15, 1958 and amended by the law of 1^er August 1963, the words ", guardian and legal counsel" were replaced by the words "and guardian".
CHAPTER 7. - Amendment to the Registration, Mortgage and Registry Rights Code
Art. 153. In section 162 of the Code of Registration, Mortgage and Registry Rights, the following amendments are made:
1° in 18°, replaced by the law of 18 July 1991, the words "articles 488bis, A) to K), of the Civil Code" are replaced by the words "the provisions of Part IV, Book IV, Chapter X of the Judicial Code";
2° in the 42°, replaced by the law of 29 April 2001, the words ", prolonged minors or bans" are repealed.
CHAPTER 8. - Amendment of the coordinated laws of 19 December 1939 relating to family allowances for wage workers
Art. 154. In Article 69, § 3, paragraph 1^er, coordinated laws of 19 December 1939 relating to family allowances for employed workers, as amended by the laws of 24 December 2002 and 29 March 2012, the word "provisional" is repealed.
CHAPTER 9. - Amendments to the Judicial Code
Art. 155. In section 594 of the Judicial Code, last amended by the Act of 24 December 2002, the following amendments are made:
1° in 6°, the words ", prolonged minors and prohibitions" are repealed;
2° in the 16°, the words "488bis, A) to K" are replaced by the words "490 to 501/2".
Art. 156. In section 598 of the same Code, replaced by the Act of 18 July 1991 and amended by the Act of 9 May 2007, the 1° is replaced by the following:
"1° to public sales of immovable property and to shares to which minors are interested, protected persons who have been declared incapable under section 492/1 of the Civil Code, alleged absent persons and persons interned by application of the Act of 21 April 2007 on the interment of persons with mental disorder; "
Art. 157. In section 623 of the same Code, replaced by the Act of 3 May 2003, paragraph 2 is replaced by the following:
"The justice of the peace may, with the assistance of the clerk, visit the persons concerned by the request referred to in 594, 16° outside his canton. Travel costs are borne by the person to be protected or protected. "
Art. 158. In section 628 of the same Code, the 3°, replaced by the Act of 3 May 2003, is replaced by the following:
« 3° The judge of the residence or, if not, of the person's domicile to be protected, in the case of an application under sections 490/1 to 490/3 or 492/1 of the Civil Code. The justice of the peace having ordered a protective measure remains competent for the subsequent application of the provisions of Book I^erTitle XI, chapter II/1, sections 3 and 4, of the Civil Code, unless, by a reasoned decision, it has decided, on its own motion or at the request of the protected person, the trusted person or administrator or any interested person or the King's attorney, to dive for the benefit of the cantonal justice of the canton of the new main residence, when the protected person leaves the canton to settle his or her principal residence in a sustainable manner. In this case, the judge becomes competent. "
Art. 159. ÷ article 757, § 2, of the same Code, inserted by the law of 2 June 2010, the following amendments are made:
1° in paragraph 1^er4° and 5° are repealed;
2° in paragraph 1^er, the 9° is replaced by the following:
"9° the judicial procedures for protection measures referred to in Part IV, Book IV, Chapter X;"
Paragraph 2 is supplemented by the following:
", except in respect of the procedures referred to in paragraph 1^er9°. "
Art. 160. In section 764, paragraph 1^er, 2°, of the same Code, as amended by the Law of 9 May 2007, the words "or a prohibition" are repealed.
Art. 161. In section 828, 8°, of the same Code, as amended by the Act of 10 June 2001, the words "provisional administrator or judicial board" are replaced by the word "administrator".
Art. 162. In section 830 of the same Code, the words ", provisional administrator or judicial board" are replaced by the words "or administrator".
Art. 163. In section 1150 of the same Code, last amended by law 18 July 1991, the following amendments are made:
1° in paragraph 1^erthe words "or placed under judicial advice" are repealed;
2° in paragraph 2, the words "or if prohibited" are replaced by the words "or is a protected person who, under section 492/1 of the Civil Code, has been declared incapable of alienating property";
3° paragraph 3 is repealed;
4° in paragraph 4, the word "provisional" is repealed.
Art. 164. In section 1180, 1°, paragraph 2, of the same Code, last amended by the Act of November 22, 2002, the words "supplied with a judicial council" are replaced by the words "in respect of which the justice of the peace ordered a protection measure referred to in section 492/1 of the Civil Code" and the words ", administrator" are inserted between the words "their curator" and the words "or council".
Art. 165. In article 1186, paragraph 1^er the same Code, replaced by the Act of 29 April 2001 and amended by the Acts of 3 May 2009 and 9 May 2007, the words "to prohibited persons or persons provided with a provisional administrator under sections 488bis, A) to K), of the Civil Code" are replaced by the words "or protected persons who, under section 492/1 of the Civil Code, have been declared unable to dispose of buildings".
Art. 166. In section 1187 of the same Code, as amended by the Acts of 29 April 2001 and 9 May 2007, the following amendments are made:
1° in paragraph 1^er, the words "prohibits, persons with a provisional administrator under sections 488bis, A) to K), of the Civil Code" are replaced by the words "protected persons who, under section 492/1 of the Civil Code, have been declared incapable of alienating buildings";
2° in paragraph 2, the words "prohibits or persons with a provisional administrator" are replaced by the words "protected persons administrators who, under section 492/1 of the Civil Code, have been declared unable to dispose of buildings".
Art. 167. In article 1194, paragraph 3, of the same Code, amended by the laws of 29 April 2001 and 3 May 2003, the words "and 488bis, (f), §§ 3 and 4" are replaced by the words "499/7, § 2, and 499/9".
Art. 168. In article 1195, paragraph 3, of the same Code, amended by the Act of 29 April 2001, the words "and 488bis, (f), §§ 3 and 4" are replaced by the words "499/7, § 2, and 499/9".
Art. 169. In article 1197 of the same Code, amended by the laws of 29 April 2001 and 3 May 2003, the words "and 488bis, (f), §§ 3 and 4" are replaced by the words "499/7, § 2, and 499/9".
Art. 170. In article 1204bis of the same Code inserted by the law of 29 April 2001, the word "prohibited" is replaced by the words "protected persons declared incapable, under section 492/1 of the Civil Code, of alienating furniture".
Art. 171. In section 1225 of the same Code, replaced by the laws of 18 July 1991 and 9 May 2007, the words "prohibits, persons with a provisional administrator under sections 488bis, A) to K) of the Civil Code" are replaced by the words "protected persons declared incapable, under section 492/1 of the Civil Code, of alienating property".
Art. 172. In section 1231-5 of the same Code, 2°, repealed by the law of 27 December 2004, is reinstated in the following wording:
"(2) the opinion of the trusted person, if the court has found by record, under section 348-1, paragraph 2, of the Civil Code, that the protected person is unable to express his or her will; "
Art. 173. In section 1231-10, paragraph 1^er of the same Code inserted by the Act of 24 April 2003 and amended by the Act of 2 June 2010, a 3° /1 is inserted as follows:
"3° /1 a person who, by the record referred to in article 348-1, paragraph 2, of the Civil Code, was deemed unable to express his or her will or trustee; "
Art. 174. In section 1231-16 of the same Code inserted by the Act of 24 April 2003, the following amendments are made:
1° in paragraph 2, the words "prolonged or prohibited minor" are repealed;
2° the article is supplemented by a paragraph written as follows:
"The opponent who, in accordance with Article 348-1, paragraph 2, of the Civil Code, was tried by record, unable to express his will, is represented by his administrator. "
Art. 175. In section 1231-17 of the same Code inserted by the Act of 24 April 2003, the following amendments are made:
1° in paragraph 2, the words "prolonged or prohibited minor" are repealed;
2° the article is supplemented by a paragraph written as follows:
"The opponent who, in accordance with Article 348-1, paragraph 2, of the Civil Code, was tried by record, unable to express his will, is represented by his administrator. "
Art. 176. In section 1231-48, paragraph 2, of the same Code inserted by the Act of 24 April 2003, the words ", prolonged or prohibited minor" are repealed.
Art. 177. In Article 1236bis, § 1^er, paragraph 2, of the same Code, replaced by the Act of 13 February 2003, the words "chapter I^erbis are replaced by the words "chapter II/1" and the word "provisional" is each time repealed.
Art. 178. In Part IV, Book IV of the same Code, the title of Chapter X is replaced by the following: "Chapter X. Protected people."
Art. 179. In the fourth part, book IV, chapter X, of the same Code, before section 1238, it is inserted a section 1^re, entitled "De la protection judiciaire".
Art. 180. Section 1238 of the same Code is replaced by the following:
"Art. 1238. § 1^er. ÷ the request of the person to protect, of any interested person or of the Crown Prosecutor, a judicial protection measure referred to in section 492/1 of the Civil Code may be ordered.
Derogation from paragraph 1^er only the person to be protected, his/her parents, his/her spouse, his/her legal cohabitant, the person with whom he/she lives maritally, a member of the close family or the agent referred to in sections 490 or 490/1 of the Civil Code may apply for judicial protection if the person to be protected is in the situation referred to in section 488/2 of the Civil Code.
§ 2. The same person may only have introduced a maximum of two requests referred to in § 1^er during the ten years prior to the last application if the justice of the peace refused to apply on the same grounds during the same period. "
Art. 181. Section 1239 of the same Code is replaced by the following:
"Art. 1239. The justice of the peace may also order such an ex officio measure:
1° if an application referred to in Articles 5, § 1^erand 23 of the Act of 26 June 1990 on the protection of the person of the mentally ill, or if a circumstantial report referred to in articles 13, 14 and 25 of the Act is transmitted to him;
2° if the internment of a person has been ordered;
3° in cases provided for in articles 490/1, § 2, and 490/2, § 2, paragraph 1^er Civil Code.
In the case referred to in paragraph 1^er, 2°, the protection measure is ordered by separate order.
The Public Prosecutor ' s Office shall forthwith bring the decision to intern with the competent justice of the peace. "
Art. 182. Section 1240 of the same Code is replaced by the following:
"Art. 1240. The protection measure is required by a unilateral request in accordance with articles 1026 to 1034.
By derogation from Article 1026, the request is signed by the party or by its lawyer.
The request referred to in paragraph 1^er contains, in addition to the references provided for in 1026:
1° the degree of kinship or the nature of the relationship between the applicant and the person to be protected;
2° the name, first name, residence or domicile of the person to be protected and, if any, of his or her father and mother, his or her spouse, the legal cohabitant, as long as the person to be protected with them, or of the person with whom she lives maritally, or, where applicable, the name and head office of the private foundation which is devoted exclusively to the protected person.
The request must be accompanied by a certificate of residence of the person to be protected not more than 15 days.
The request also mentions, to the extent possible:
1° the place and date of birth of the person to be protected;
2° the nature and composition of the property to be managed;
3° the name, first name and domicile of the members of the major family of the closest degree of kinship, but not further than the second degree;
4° the name, first name and domicile of persons who could act as a trusted person;
5° the family, moral and material living conditions that could be useful to the justice of the peace for the appointment of a director.
If the request is incomplete, the justice of the peace invites the complainant to complete it within eight days.
The request may also include suggestions regarding the choice of the administrator to designate, as well as the nature and extent of its powers.
The King establishes a request model in which the applicant must describe, using a questionnaire, the social network of the person to be protected. "
Art. 183. Section 1241 of the same Code is replaced by the following:
"Art. 1241. ÷ less than the application is based on Article 488/2 of the Civil Code and except in the event of an emergency, is attached to the request, under penalty of inadmissibility, a circumstantial medical certificate dating not more than fifteen days and describing the state of health of the person to be protected.
The King establishes a standard form of medical certificate circumstantial to be completed by the doctor at the time he examines the person.
This type form specifies at least:
1° if the person to be protected may move, and if so, if it is indicated that he or she is moving, taking into account his or her condition;
2° the health of the person to be protected;
3° the impact of this state of health on the proper management of its heritage or other interests. With respect to heritage interests, it is mentioned, in particular, whether the person to be protected is still in a position to be aware of the management record;
4° care normally involved in such a state of health;
5° the consequences of the state of health observed on the operation, according to the International Classification of the Functioning, Disability and Health adopted on 22 May 2011 by the fifty-fourth World Health Assembly (WHO).
This medical certificate may not be established by a parent or allied physician of the person to be protected or the applicant, or attached to any title to the establishment in which the person to be protected is located.
When, in the event of an emergency, no medical certificates are attached to the request, the justice of the peace shall verify whether the alleged emergency reason is proven. If so, the justice of the peace designates a medical expert who must issue a notice on the health of the person to be protected in accordance with paragraph 2.
If the applicant is unable to attach to the request the medical certificate referred to in paragraph 1^er, it expressly gives the reasons in the request and justifies why a judicial protection measure appears to it. The justice of the peace who, by a specific order, considers that the condition of absolute impossibility is fulfilled and that the request contains sufficient serious reasons that can justify a protective measure, designates a medical expert who issues a notice on the state of health of the person to be protected in accordance with paragraph 2. "
Art. 184. Section 1242 of the same Code, replaced by the Act of 29 April 2001, is replaced by the following:
"Art. 1242. Without prejudice to Article 7, § 1^er, from the Act of 26 June 1990 on the protection of the person of the mentally ill, the clerk may, upon receipt of the request, ask the Bar Association or the Legal Aid Office to commit an ex officio lawyer at the request of the person to protect, any interested person or the Crown Prosecutor.
The justice of the peace decides in the light of the circumstances of each case if the costs of the lawyer referred to in paragraph 1^er shall be charged to the applicant or to the protected person, unless the applicant or the protected person meets the conditions set out in section 508/13 for the benefit of the full or partial free second-line legal aid.
If the request is rejected, the costs referred to in Article 1018, paragraph 1^er, 6°, shall be paid by the applicant, if the applicant does not meet the conditions set out in section 508/13 for the benefit of the full or partial gratuity of the second line legal aid. In the event that the application leads to a protection measure, the costs referred to in section 1018, 6°, are paid by the protected person even if it does not meet the conditions set out in section 508/13 to benefit from the full or partial free of second-line legal aid.
At the same time, the justice of the peace shall verify whether a statement containing the choice of a director and trustee has been registered in the central registry maintained by the Royal Federation of Belgian Notariat and, where appropriate, requests the notary or the clerk who has made the declaration to transmit a true copy of that statement. "
Art. 185. Section 1243 of the same Code, repealed by the Act of 29 April 2001, is reinstated in the following wording:
"Art. 1243. § 1^er. The person to be protected and, where appropriate, his/her father and mother, the spouse, the legal cohabitant, the major children of the person to be protected, provided that the person to be protected with them, or the person who is married to the person to be protected, are summoned by the clerk, by judicial fold, to be heard by the justice of the peace, if any in the presence of the person of trust and the agent of the person to be protected. He's made a record of the hearing.
A copy of the request is attached to the judicial fold and, where applicable, a copy of the declaration referred to in Article 496 of the Civil Code.
The legal fold addressed to the person to be protected mentions the name and address of the ex officio lawyer and mentions that the person to be protected has the right to choose another lawyer and to be assisted by a doctor.
Persons summoned by judicial fold in accordance with paragraph 1^er, become by this summons parties to the case, unless they object to the hearing. The clerk shall notify the parties in the judicial fold.
Other family members may appear in person at the hearing and ask to be heard. They may also communicate their observations to the justice of the peace in writing until the day of the hearing. The clerk shall inform, by judicial fold, the members of the family mentioned in the request for the introduction of the family and the place and time when the person to be protected shall be heard.
It shall be carried out in accordance with the provisions of this article in the event of an ex officio measure envisaged by the justice of the peace.
§ 2. Until the day of the hearing, the person to be protected, accompanied, if desired, by the person of trust, may request to be heard individually by the Justice of the Peace in Council Chamber before the other parties to the case.
If the person to be protected is unable to express his or her will and the person of trust asks, by the day of the hearing, to be heard individually in the board's chamber before the other parties to the case, the justice of the peace shall, unless he or she is notified of his or her refusal by reasoned order. "
Art. 186. Section 1244 of the Code, as amended by the Acts of 24 June 1970, 2 July 1974 and 29 April 2001, is replaced by the following:
"Art. 1244. § 1^er. The justice of the peace surrounds all relevant information; he may designate a medical expert who will give his opinion on the health of the person to be protected.
The justice of the peace also collects useful information from the surroundings of the person to be protected, including the parents of the person to the second degree, as well as those who take care of the person's daily care to protect or accompany him.
The justice of the peace may also hear any person capable of inquiring. Where applicable, the Registrar shall address the summons by judicial fold.
The information collected is documented.
§ 2. The justice of the peace may go to the place where the person to be protected resides or where it is. He's made a record of his visit. "
Art. 187. Section 1245 of the same Code is replaced by the following:
"Art. 1245. The Registrar shall notify the designated administrator of the decision, subject to judicial review within three days of the decision. The administrator shall notify in writing within eight days of his or her designation if he or she accepts the designation. This letter is filed on the record of the proceedings.
÷ failure of acceptance under paragraph 1^er, the justice of the peace shall designate another director on his own.
Within three days of receipt of acceptance, the Registrar shall notify the parties of the decision under judicial fold.
An unsigned copy is, if any, addressed to the trusted person of the protected person and the lawyers of the parties. "
Art. 188. Section 1246 of the same Code is replaced by the following:
"Art. 1246. § 1^er. Without prejudice to the provisions of the Civil Code imposing or authorizing the ex officio seizure of the judge, the applications based on Article 628, 3°, and Articles 145/1, 186, 231, 328, 331sexies, § 2, 490/2, § 2, 499/7, § 4, 501/1, 905, 1397/1, 1475, § 2, paragraph 2, and 1476, § 2, paragraph 7, of the Civil Code are filed by request.
§ 2. Articles 1026 to 1034 are applicable, subject to the following provisions.
The request is signed by the party or by his lawyer.
The protected person, the administrator and, where appropriate, the trusted person are summoned to be heard by the judge.
The justice of the peace may designate a medical expert who will give his opinion on the health of the protected person. The justice of the peace collects all the useful information and can hear all those he thinks can enlighten him. The justice of the peace shall collect, where appropriate, all information from persons who care for the day-to-day care of the protected person or who accompany the protected person and his or her entourage.
Persons convened or heard in accordance with the provisions of this section shall become parties to the case unless they object to the hearing. The clerk shall notify the parties in the judicial fold. "
Art. 189. Section 1247 of the same Code is replaced by the following:
"Art. 1247. In cases where the law authorizes the ex officio referral by the justice of the peace, a report is prepared. The surplus shall be carried out in accordance with the provisions of this chapter. "
Art. 190. Section 1248 of the same Code is replaced by the following:
"Art. 1248. An administrative record referred to in section 3 is constituted at the Peace Justice Registry for each protected person. "
Art. 191. Section 1249 of the same Code, replaced by the Act of 2 June 2010, is replaced by the following:
"Art. 1249. Any decision ordering a protection measure, ending or amending it is, at the diligence of the clerk inserted by extract to the Belgian Monitor.
The publication must be made within fifteen days of acceptance by the administrator; officials to whom the omission or delay would be attributable shall be held liable to the persons concerned, if it is proven that the delay or omission results from a collusion. "
Art. 192. In the same Code, an article 1249/1 is inserted as follows:
“Art. 1249/1. Within the fifteen-day period referred to in section 1249, paragraph 2, an extract of the decision is notified by the clerk's care at the burial of the home of the protected person, in order to be recorded in the register of the population. The burmestre delivers an extract from the register of the population mentioning the name, address and state of capacity of a person, as well as the identity of the administrator, to the person or to any third party justifying an interest. "
Art. 193. In the same Code, an article 1249/2 is inserted as follows:
"Art. 1249/2. The King may prescribe other advertising measures to be taken in the interest of third parties. "
Art. 194. Before section 1250 of the same Code, a section 2, entitled "From Administration".
Art. 195. Section 1250 of the same Code is replaced by the following:
"Art. 1250. Without prejudice to the contrary, Article 1246, § 2, applies to applications based on Articles 490/2, § 1^er4, 496/7, paragraph 1^er, 497/4, paragraph 2, 499/7, §§ 1^er and 2, 499/10 and 1397/1, paragraph 3, of the Civil Code. Where applicable, section 1247 is applicable.
By derogation from Article 1246, § 2, the justice of the peace requests the advice of the protected person, his trustee and his administrator. He may summon the protected person, trustee and administrator to hear them in the board chamber. With the consent of the protected person, the trusted person may ask to be heard individually. He's made a record of this hearing. However, the justice of the peace is not required to seek the advice of the protected person if the protected person is in a state of health listed in section 492/5, paragraph 1^er, the Civil Code or if it considers, because of factual evidence found by reasoned minutes, that it is not in a position to give its opinion.
Persons whose opinion is sought by the justice of the peace, in accordance with this section, shall become parties to the case unless they object to the hearing. The judicial fold reproduces the text of this article. "
Art. 196. Section 1251 of the same Code, replaced by the Act of 29 April 2001, is repealed.
Art. 197. Section 1252 of the same Code is replaced by the following:
"Art. 1252. § 1^er. All requests based on articles 490/2, § 1^er, last paragraph, 497/3, § 1^er and 500/3, § 1^erParagraph 3 and § 2 of the Civil Code shall be decided by the justice of the peace.
§ 2. Articles 1026 to 1034 are applicable subject to the following provisions.
The request is signed by the party or his lawyer.
The justice of the peace immediately orders the summons of the parties concerned. The summons by the Clerk is sent to the parties within five days.
The appearance takes place in the month following the summons. The justice of the peace tries to reconcile the parties concerned. Where applicable, the justice of the peace shall record the conciliation agreement in a record signed by the parties concerned.
The shipment of the minutes is covered by the binding formula.
In the event of failure of the conciliation attempt, the justice of the peace settles the dispute within eight days by reasoned order.
§ 3. Until the day of the hearing, the person to be protected, accompanied, if desired, by the person of trust, may ask to be heard individually by the justice of the peace before the other parties to the case.
If the person to be protected is unable to express his or her will and the person of trust requests, no later than the day of the hearing, to be heard individually before the other parties to the case, the justice of the peace shall be entitled to this request unless he or she is notified of his or her refusal by reasoned order. "
Art. 198. Before section 1253 of the same Code, it is inserted a section 3 entitled "Du dossier administratif".
Art. 199. Section 1253 of the same Code, as amended by the Act of 5 July 1976, is replaced by the following:
“Art. 1253. For each protected person, an administrative record is maintained at the Peace Court Registry which includes:
1° a certified copy of the order to attach a director to the protected person;
2° the report describing the heritage to be managed and the sources of income of the protected person;
3° the reports filed each year and within 30 days of the end of the administrator's mission;
4° a copy of all final ordinances issued in the administration, as well as any orders issued on appeal;
5° all other documents, such as correspondence and other documents to the Registry, provided that they are not to be classified in the relevant record of the proceedings, in accordance with Article 721;
6° a certified copy of the verbatim record in which the administrator expresses his preference for the appointment of a director in the event that he is no longer in a position to continue to exercise that function;
7° a copy of the conciliation report established pursuant to Article 1252, paragraph 4.
It is attached to the administrative record an inventory of the documents, maintained by the Registrar and mentioning the date of filing, the registration number and the nature of the documents.
The administrative record is retained in the registry for a period of five years after the end of the administration; He'll be destroyed.
If the place of administration is changed, the clerk shall forward the administrative file to the new competent justice of the peace, in accordance with Article 628, 3°, after the expiry of the appeal period.
If necessary, the Registrar shall establish certified true copies of the documents required for the filing in separate files. "
Art. 200. In book IV, chapter X, section 3, of the same Code, an article 1253/1 is inserted as follows:
"Art. 1253/1. § 1^er. The protected person, his or her trusted person and administrator, and the Crown Prosecutor, have the right to consult the administrative file referred to in section 1253 at the Peace Court Registry for the duration of the administration.
After the death of the protected person, this right is vested in his heirs, the Crown Prosecutor and the notary responsible for the liquidation and sharing of his estate.
§ 2. Any other interested person who wishes to consult the file referred to in § 1^er may apply a reasoned request to the justice of the peace in accordance with the procedure referred to in article 1250.
The justice of the peace balances the applicant's rights and interests in exercising the right of consultation and the rights and interests of the protected person and, in particular, his right to privacy. If the justice of the peace passes the application, he shall determine the documents of the file that the complainant may consult.
§ 3. Persons referred to in § 1^er are also entitled to a copy of the whole or part of the administrative file.
The justice of the peace determines, in his or her order referred to in § 2, whether the person concerned has the right to obtain a copy.
The King may fix the maximum amount that can be requested by copied page or other information medium. »
Art. 201. In Article 1255 of the same Code, replaced by the Act of 27 April 2007, in § 7, the words "of dementia or in a grave state of mental imbalance" are replaced by the words " referred to in Article 488/1, paragraph 1^er, Civil Code and the words "guardian, his provisional administrator" are replaced by the word "administrator".
Art. 202. In section 1620 of the same Code, the words "or forbidden and the provisional administrator of the person collocated in a home-based facility, acting under a special authorization of the family council that is not subject to registration" are repealed.
Art. 203. In section 1680 of the same Code, as amended by the Act of 19 May 1998, the words "of persons with judicial counsel" are replaced by the words "of persons in respect of whom the justice of the peace ordered a measure of judicial protection referred to in section 492/1 of the Civil Code".
CHAPTER 10. - Amendment of the Act of 8 August 1983 organizing a National Register of Physical Persons
Art. 204. In section 3 of the Act of 8 August 1983 organizing a national register of natural persons, as amended by the Acts of 24 May 1994, 25 March 2003, 27 December 2006 and 9 May 2007, it is inserted, in paragraph 1^era 9° /1 written as follows:
"9° /1 the name, name and address of the property administrator or the person referred to in the decision referred to in section 1249/1 of the Judicial Code; "
CHAPTER 11. - Amendments to the Act of 28 March 1984 on invention patents
Art. 205. In Article 60, § 1^er, 3°, of the Act of 28 March 1984 on invention patents, last amended by the Act of 10 January 2011, the words "not to be prohibited or placed under judicial advice" are replaced by the words "not to be subject to judicial protection under section 492/1 of the Civil Code".
Art. 206. In article 66, paragraph 1^er(3), in the same Act, the words "or has been prohibited or placed under judicial counsel" are replaced by the words "or is the subject of a judicial protection measure referred to in section 492/1 of the Civil Code".
CHAPTER 12. - Amendment of the Belgian Nationality Code
Art. 207. ÷ article 7, paragraph 2, of the Belgian Nationality Code, the word "provisional" is repealed.
CHAPTER 13. - Amendment of the Act of June 13, 1986 on organ transplantation and transplantation
Art. 208. ÷ Article 10, § 2, paragraph 4, of the Act of June 13, 1986 on organ removal and transplantation, last amended by the Act of February 25, 2007, the word "provisional" is repealed.
CHAPTER 14. - Amendment of the Act of 29 August 1988 on the estate regime of farms to promote its continuity
Art. 209. Section 2 of the Act of 29 August 1988 on the estate regime of farms to promote continuity, as amended by the Act of 29 April 2001, is replaced by the following:
“Art. 2. The legal representatives of the minor or the protected person who have been expressly declared incapable of alienating property under Article 492/1, § 2, paragraph 3, 1°, of the Civil Code may exercise the right of recovery only with the authorization of the justice of the peace of the guardianship or administration of the property. "
CHAPTER 15. - Amendment of the Law of 26 June 1990 on the Protection of the Person of Mentally Sick
Art. 210. In section 21 of the Act of 26 June 1990 on the protection of the person of the mentally ill, as amended by the Acts of 18 July 1991, 2 February 1994 and 13 June 2006, paragraph 1^er is replaced by the following:
"From the end of the retention measure, the minor is again entrusted to the person under whose authority he was placed. "
CHAPTER 16. - Amendments to the Income Tax Code 92
Art. 211. In section 93, 3°, of the Income Tax Code 92, replaced by the Act of 4 May 1999, the following amendments are made:
1° in (a), the words "or prohibitions, where such assignment has been authorized by the family council or a court" are replaced by the words ", where such assignment has been authorized by a court proceeding";
2° (b) is replaced by the following:
"(b) persons with a director under the provisions of Part IV, Chapter X, of the Judicial Code, subject to special authorization by the justice of the peace; "
Art. 212. In section 93bis, 2°, of the same Code, inserted by the Royal Decree of 20 December 1996 and replaced by the Act of 4 May 1999, the following amendments are made:
1° in (a), the words "or prohibitions, where such assignment has been authorized by the family council or a court" are replaced by the words ", where such assignment has been authorized by a court proceeding";
2° (b) is replaced by the following:
"(b) persons with a director under the provisions of Part IV, Chapter X, of the Judicial Code, subject to special authorization by the justice of the peace; "
CHAPTER 17. - Amendment of the law of 7 May 1999 on games of chance, bets, random games establishments and protection of players
Art. 213. In Article 54 of the Law of May 7, 1999 on games of chance, bets, games of chance and the protection of players, as amended by the Law of January 10, 2010, the following amendments are made:
1° in § 3, whose points 4 and 5 become points 3 and 4 respectively, points 2 and 3 are replaced by the following:
“2. Persons protected under section 492/1 of the Civil Code at the request of their administrator; »
2° in § 4, paragraph 1^er, of which item 3 becomes item 2, items 1 and 2 are replaced by the following:
1. persons to be protected for whom an application has been filed pursuant to section 1240 of the Judicial Code or for which an ex officio seizure report has been prepared in accordance with articles 1239 and 1247 of the Judicial Code; »;
3° in § 4, paragraph 2, the words « respectively to articles 487sexies and 488bis, E), § 1^er the Civil Code is replaced by the words "in section 1249 of the Judicial Code".
CHAPTER 18. - Amendments to the Patient Rights Act of 22 August 2002
Art. 214. Section 13 of the Patient Rights Act of 22 August 2002 is repealed.
Art. 215. Section 14 of the Act, as amended by the Act of 13 December 2006, is replaced by the following:
“Art. 14. § 1^er. The rights of a major person protected under section 492/1 of the Civil Code set out in this Act are exercised by the person himself, provided that he or she is able to express his or her will to do so.
These rights are, however, exercised by a person whom the patient has previously designated to substitute for him, as long as he is not able to exercise his rights himself.
The designation of the person referred to in paragraph 2 shall be carried out by a specific written warrant, dated and signed by that person and by the patient, a warrant by which that person marks his or her consent. This mandate may be revoked by the patient or by the agent designated by the patient by a written document dated and signed.
§ 2. If the patient has not appointed an agent or the agent designated by the patient does not intervene, the rights established by this Act shall be exercised by the person's administrator, after the authorization of the justice of the peace, in accordance with section 499/7, § 1^er the Civil Code, for as long as the protected person is not able to exercise their rights itself.
§ 3. If no director is entitled to represent the patient under § 2, the rights established by this Act shall be exercised by the cohabiting spouse, the legal cohabiting partner or the cohabiting partner in fact.
If the person who may intervene under paragraph 1^er does not wish to intervene or if it fails, the rights are exercised, in successive order, by a major child, parent, brother or sister of the patient.
If the person who may intervene under paragraph 2 does not wish to intervene or fails to intervene, the professional practitioner concerned, if any, within the framework of a multidisciplinary consultation, shall ensure the patient's interests. The same applies in the event of a conflict between two or more persons who may intervene under § 2 or paragraphs 1^er and 2.
§ 4. The patient is associated with the exercise of his or her rights as much as possible and given his or her ability to understand.
§ 5. The right of complaint referred to in Article 11 may, by derogation from §§ 1^er, 2 and 3, be exercised by the persons referred to in these paragraphs, designated by the King, by order deliberately in the Council of Ministers, without having to respect the order provided. "
Art. 216. In section 15 of the Act, the following amendments are made:
1° in paragraph 1^erthe number ", 13" is repealed;
2° in paragraph 2, the words "13 and 14 § 2" are replaced by the words "14 § 2 or 3".
CHAPTER 19. - Amendments to the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the trade register, creation of registered business windows and various provisions
Art. 217. In Article 21, § 3, 3°, of the Act of January 16, 2003, establishing a Bank-Carrefour des Entreprises, modernizing the register of commerce, creating approved business windows and carrying various provisions, as amended by the Royal Decree of December 19, 2010, the words "to a prohibition or designation of a judicial council" are replaced by the words "to a protection measure referred to in Article 492/1 of the Civil Code".
Art. 218. In Article 23, § 1^er, 1°, of the same law, last amended by the Act of January 31, 2009, the words "declaring incapable or putting on judicial advice" are replaced by the words "ordering a protection measure referred to in section 492/1 of the Civil Code".
CHAPTER 20. - Amendment of the Act of March 26, 2003 regulating the practice of autopsy after unexplained and medically unexplained death of a child under eighteen months
Art. 219. In section 5 of the Act of March 26, 2003, regulating the practice of autopsy after the unannounced and medically unexplained death of a child under eighteen months, the words "are under the statute of the extended minority or are declared incapable" are replaced by the words "were, in accordance with section 492/1, 9°, of the Civil Code expressly declared incapable of exercising the right
CHAPTER 21. - Amendment of the Human Person Experiments Act of 7 May 2004
Art. 220. ÷ section 8 of the Human Person Experiments Act of May 7, 2004, the following amendments are made:
1° in the introductory sentence, the words "a major who is unable to give consent" are replaced by the words "a major person protected under section 492/1 of the Civil Code";
2° in 1°, paragraph 1^er the words "of the legal representative" are replaced by the words "of the administrator" and the words "the major unable to express his will" are replaced by the words "the protected person";
3° in 1°, paragraph 2, the words "a major, who is not in a position to give his or her informed consent to the participation of an experiment", are replaced by the words "a major person protected under section 492/1 of the Civil Code" and the words "the legal representative" are replaced by the words "the administrator";
4° in 1°, paragraph 5 is repealed;
5 in 1°, paragraph 6, the words "In a major who is not concerned with the provisions of the preceding paragraph, the right to consent to participation in an experiment is exercised" are replaced by the words "The right to consent to participation in an experiment is exercised".
6° in 2°, the words "the major participant who is not capable of giving consent" are replaced by the words "the participating major person who is protected under section 492/1 of the Civil Code".
CHAPTER 22. - Amendment of the Act of April 21, 2007 on the Internship of Persons with Mental Disorder
Art. 221. Section 157 of the Act of April 21, 2007 on the Internship of Persons with Mental Disorder, last amended by the Act of December 28, 2011, is supplemented by a paragraph that reads as follows:
"By derogation from paragraph 1^er Sections 29 and 30 of the Act of 9 April 1930 of Social Defence in respect of anormals, ordinary offenders and perpetrators of certain sexual offences are repealed by the date of entry into force referred to in section 233 of the Act of 17 March 2013 reforming disability regimes and establishing a new status of protection consistent with human dignity. "
CHAPTER 23. - Amendment of the Law of Principles of 12 January 2005 concerning the Prison Administration and the Legal Status of Prisoners
Art. 222. In section 95, paragraph 1^er of the Act of Principles of 12 January 2005 concerning the prison administration and the legal status of detainees, the word "provisional" is repealed.
CHAPTER 24. - Miscellaneous provisions
Art. 223. The King may, after consultation with associations active in the field of the well-being of protected persons, provide for the drafting and making available to the public a brochure on the usefulness and functioning of the extrajudicial and judicial protection measures referred to in this Act. The King may foresee that this pamphlet will include models of reports and examples of good practices in the administration of the person and the property of the major incompetent.
Art. 224. The application of this Act will be assessed by the Minister of Justice and the Minister with the Families in his or her powers in the ninth year following the date of its entry into force. ÷ this will be examined, in particular, the functioning of extrajudicial protection, the administration and the workload of justices of the peace.
The report of this evaluation will be forwarded to the Legislative Chambers by the Minister with the Families in his or her powers by June 30 of the tenth year following the coming into force of this Act.
Art. 225. The King is empowered to adapt terminology and references to the legislative provisions in force in accordance with the provisions introduced by this Act.
CHAPTER 25. - Transitional provisions
Art. 226. The provisions of section 2, chapter II, title XI, book I^er, the Civil Code shall apply to all mandates referred to in section 490 of the Civil Code which are granted after the coming into force of this Act. The amendment under section 143, 2°, applies to all warrants granted after the coming into force of this Act.
Art. 227. Without prejudice to article 229, paragraph 1^er, this Act does not alter the inability of the person who, at the time of the coming into force of this Act, is a protected person within the meaning of sections 488bis, A), 488bis, K, of the Civil Code, is a prolonged minor, is prohibited or needs assistance from a judicial council.
The measure of protection of the provisional administration referred to in sections 488bis, A) to 488bis, K), of the Civil Code, the extended minority, the prohibition and the judicial council shall end in full right when a measure of judicial protection is ordered under section 492/1 of the Civil Code.
Art. 228. Without prejudice to section 227, paragraph 2, upon the expiry of a two-year period from the date of the coming into force of this Act, the provisional administrations settled before the coming into force of this Act pursuant to section 488 bis, A), of the Civil Code, shall be subject to the provisions relating to the administration of the property referred to in Book I^erTitle XI, chapter II/1, of the Civil Code. The competent justice of the peace for the organization and supervision of the provisional administration remains competent, without prejudice to the application of Article 628, 3°, of the Judicial Code.
Within two years of the period referred to in paragraph 1^er, the justice of the peace shall, where appropriate, apply section 492/4 of the Civil Code.
Sections 493 to 493/3 of the Civil Code apply to existing protection regimes as soon as this Act comes into force.
Art. 229. If, no later than five years after the coming into force of this Act, no judicial protection measures have been ordered in accordance with Article 492/1 of the Civil Code, the Judicial Council shall be devoid of full right and all forms of guardianship of extended minors or prohibited persons, or of parental authority over extended minors shall be subject to the provisions of Book I^erTitle XI, chapter II/1, of the Civil Code. The guardian or the parents become an administrative office in this case. For the purposes of this provision, the protected person shall be deemed to have been declared incapable of performing all acts referred to in 492/1, § 1^erthe Civil Code and all acts relating to property. It is also deemed to have to be represented for the performance of these acts.
The competent justice of the peace for the organization and supervision of guardianship remains competent, without prejudice to the application of Article 628, 3°, of the Judicial Code.
Within two years of the period referred to in paragraph 1^er, the justice of the peace shall apply, where appropriate, article 492/4 of the Civil Code, except to persons who have been in need of the assistance of a judicial council.
Sections 493 to 493/3 of the Civil Code apply to existing protection regimes as soon as this Act comes into force.
Art. 230. The provisions amended by this Act continue to apply to measures for the protection of provisional administration referred to in Article 488 bis of the Civil Code, guardianship of extended minors or persons declared incapable, parental authority over extended minors and assistance by a judicial council, which were taken at the time of the coming into force of this Act, in their old version, until such measures are inserted in Book 229^erTitle XI, Chapter II/1 of the Civil Code or shall be extinguished.
Art. 231. Until the date of entry into force of the Act of 21 April 2007 relating to the interception of persons with mental disorder, it is necessary to read in article 598, 1°, of the Judicial Code "the Act of 9 April 1930 of social defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences" instead of "the law of 21 April 2007 relating to intercourse".
Art. 232. Until the day of the coming into force of the Act of 21 April 2007 on the Internship of Persons with Mental Disorder, it is necessary to read article 492/4, paragraph 3, of the Civil Code as follows:
"The legal protection measure shall be terminated in the event of the death of the protected person or at the end of the term for which it was taken. "
CHAPTER 26. - Entry into force
Art. 233. This Act comes into force on the first day of the twelfth month following that of its publication to the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 March 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) 2010-2011 session
House of Representatives
Documents. - Proposal by Mr. Terwingen et al., 53-1009, No. 1. - Amendments - No. 2. - Opinion of the Council of State - No. 3. - Amendments - n^bones 4-9. - Report No. 10. - Text adopted by the commission (art. 77 of the Constitution) - No. 11. - Text adopted by the commission (art. 78 of the Constitution) - No. 12. - Text adopted in plenary and transmitted to the Senate - No. 13.
See also:
Full report: 19 July 2012.
Session 2012-2013
Senate
Documents. - Project referred to by the Senate, 5-1774 - No. 1. - Amendments - No. 2. - Report No. 3. - Text adopted by the commission - No. 4 Amendments - No. 5. - Report - No. 6. - Text amended by the Committee after reference by the plenary meeting - No. 7. - Text amended by the Senate and referred to the House of Representatives - No. 8.
See also:
Annales of the Senate: January 10, 2013.
Session 2012-2013
House of Representatives
Documents. - Draft amended by the Senate, 53-1009 - No. 14. - Amendments - n^bones 15-16. - Report No. 17. - Text adopted by the commission - No. 18. - Text adopted in plenary and subject to Royal Assent - No. 19.
See also:
Full report: 28 February 2013.