Act Reforming The Disability Schemes And Introducing A New Status Of Protection Consistent With Human Dignity (1)

Original Language Title: Loi réformant les régimes d'incapacité et instaurant un nouveau statut de protection conforme à la dignité humaine (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009163&caller=list&article_lang=F&row_id=1200&numero=1250&pub_date=2013-06-14&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-06-14 Numac: 2013009163 FEDERAL JUSTICE PUBLIC SERVICE March 17, 2013. -An act reforming the disability schemes and introducing a new protection status consistent with human dignity (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code civil art. 2. in article 50 of the civil Code replaced by Act of April 29, 2001, the following changes are made: 1 ° in the § 2, paragraph 1, the words ", an extended minor or a banned" are repealed;
2 ° in the § 2, a paragraph worded as follows is inserted between paragraphs 1 and 2: "the civil registrar who draws up a death certificate is required to inform, within three days, the Justice of the peace referred to article 628, 3 °, of the Judicial Code, when the deceased was a person protected under article 492/1 or its administrator.".
»;
3 ° in the § 2, paragraph 2, former, becoming § 2, paragraph 3, the words "device of a judicial decision in which a major banned supervised is adopted or" are repealed.
S. 3. in the same Code, it is inserted an article 145/1 as follows: «art.» 145/1. The person expressly declared unable to marry under article 492/1, § 1, paragraph 3 (2) may, at his request, nevertheless be authorized by Justice of the peace referred to article 628, 3 °, of the Judicial Code, to enter into marriage.
Justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code shall apply.
A certified copy of the order is also transmitted to the Registrar of civil status referred to in article 63. ».
S. 4. in article 148 of the same Code replaced by Act of 19 January 1990, the following changes are made: 1 ° in paragraph 5, the words ' unable to express' shall be replaced by the words "unable or incapable of expressing";
2 ° in clause 6, "to manifest" shall be replaced by the words "or unable to express.
S. 5. article 186 of the Code, repealed by Act of 19 January 1990, was re-established in the following wording: «art.» 186. the person expressly declared unable to seek the annulment of the marriage under article 492/1, § 1, paragraph 3, 3 ° may, at his request, nevertheless be authorized by Justice of the peace referred to article 628, 3 °, of the Judicial Code to introduce an action for annulment of the marriage.
Justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code shall apply. ».
S. 6. in article 214 of the Code, replaced by the law of July 14, 1976 and amended by the Act of May 9, 2007, paragraph 2 is replaced by the following: "If one of the spouses is presumed to be absent, or if the Justice of the peace considers that one of the spouses is unable or incapable of expressing their will, the conjugal residence is fixed by the other spouse.".
S. 7. in article 220 of the Code, replaced by the law of July 14, 1976 and amended by the Act of May 9, 2007, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1.»
If one of the spouses is presumed absent or if the Court considers, because of evidence of fact established in a reasoned report, that one of the spouses is unable or incapable of expressing his will, spouse can authorize by the Court of first instance to pass only the acts referred to in article 215, § 1. »;
2 ° in § 2, the words ' unable to express' shall be replaced by the words "unable or incapable of expressing.
S. 8. article 231 of the same Code, repealed by the law of 27 April 2007, is restored in the following wording: «art.» 231. the person who specifically unable to seek divorce under article 492/1 may, at his request, nevertheless be authorized by Justice of the peace referred to article 628, 3 °, of the Judicial Code to introduce divorce proceedings for disunity irretrievable under section 229, or application for divorce by mutual consent, under article 230.
Justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code shall apply. ».
S. 9. in article 311a of the same Code, replaced by the law of 27 April 2007, the figure ', 231' is inserted after the words "articles 229.
S. 10. article 328 of the Code, replaced by the Act of March 31, 1987 and amended by the law of July 1, 2006, is replaced by the following: «art.» 328 § 1. The person expressly declared unable to recognize a child under article 492/1, § 1, paragraph 3, 7 ° may, at his request, nevertheless be authorized by Justice of the peace referred to article 628, 3 °, of the Judicial Code, to recognize a child.
Justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code shall apply.
§ 2. The recipient of recognition can be a conceived child or a deceased child, if the latter has left a posterity. If the child is deceased without posterity, it cannot be recognized in the year following his birth. ».
S.
11. in article 329bis of the Code, inserted by the law of July 1, 2006, the following changes are made: 1 ° it is inserted a § 1/1 as follows: "§ 1/1." The consent of the child is not required if the Court considers, because of evidence of fact established by motivated minutes, that the child is not able to express their will. The same applies if the order of the Justice of the peace under article 492/1 declares the child incapable of consenting to its recognition. The child able to express his opinion in an autonomous way is heard directly by the judge. Where appropriate, the person expresses the views of the child if it is not able to express itself its opinion. J. attaches the importance that should be in this opinion. »;
2 ° in § 2, paragraph 2, the words "prohibited, in a State of prolonged minority or" are repealed;
3 ° in § 3, paragraph 1, the words "or unable to express their will" are replaced by the words ", presumed missing, unable or incapable of expressing his will.
S. 12. in article 331sexies of the Code, replaced by the law of July 1, 2006, the following changes are made: 1 ° in paragraph 1 of which the current text will form the § 1, the words ' the minor not emancipated, the forbidden and the person incapable of expressing his will are, in actions relating to their parentage, represented, as plaintiffs or defendants, by their representative legal and. If there is a conflict of interest,' shall be replaced by the words "the non-emancipated minor is, in actions relating to filiation, represented, either by asking or defending by his legal representative. «÷ non-representative legal, or in the case of opposition of interests, he is represented.»
2 ° article is supplemented by a paragraph 2 as follows: § 2. Without prejudice to article 329bis, § 1/1, and article 332quinquies, § 1/1, the protected person who, under article 492/1, has been expressly declared unable to sue, asking in an action concerning filiation, may, at his request, nevertheless be authorized by Justice of the peace referred to article 628, 3 °, of the Judicial Code, to sue asking in such an action.
Justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code shall apply. ».
S. 13. in article 332quinquies of the Code inserted by the law of July 1, 2006, the following changes are made: 1 ° it is inserted a § 1/1 as follows: "§ 1/1." It need not account of the opposition of the major child if the Court considers, because of evidence of fact established by motivated minutes, that the child is not able to express their will. The same applies if the order of the Justice of the peace under article 492/1 declares the child unable to oppose action in search of maternity or paternity. The child able to express his opinion in an autonomous way is heard directly by the judge. Where appropriate, the person expresses the views of the child if it is not able to express itself its opinion. J. attaches the importance that should be in this opinion. »;
2 ° in the § 2, paragraph 2 is replaced by the following: "It need not account of the opposition of the minor child which the tribunal believes, because in fact noticed by motivated minutes, he is deprived of discernment.".
S. 14. in article 348-1 of the same Code, inserted by the Act of 24 April 2003, paragraph 2 is replaced by two paragraphs worded as follows: ' by way of derogation from paragraph 1, consent is not required if the Court considers, because of evidence of fact established by motivated minutes, that the person is not able to express their will. "
The same applies if the order of the Justice of the peace under article 492/1 declares the person unable to consent to his adoption. The major person able to express his opinion in an autonomous way is heard directly by the judge. Where appropriate, the person expressed the opinion of the person if it is not able to express itself its opinion. The

judge attaches the importance that should be in this opinion.
Consent is not required if the Court considers, because of evidence of fact established by motivated record that the minor is deprived of discernment. ».
S. 15. in article 348-2 of the Code inserted by the Act of 24 April 2003 and amended by the Act of May 9, 2007, "unless it is unable to manifest his will, without any residence known or presumed missing" shall be replaced by the words 'unless it is presumed absent, without any known residence or if the Court considers '. due to evidence of fact established by minutes motivated, that it is unable or incapable of expressing his will.
S. 16. in article 348-3 of the same Code inserted by the Act of 24 April 2003 and amended by the Act of May 9, 2007, the following changes are made: 1 ° in the paragraph 1, the words "is unable to manifest his will, without any residence known or presumed missing" are replaced by the words "is presumed absent, without any known remains. unable or incapable of expressing his will. "
2 ° in the paragraphs 1 and 2, the words ", an extended minor or a banned" are each time repealed.
S.
17. in article 348-5, paragraph 1, of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of May 9, 2007, the words "or a banned" are each repealed and the words ' unable to express their will, without any residence known or presumed absent' shall be replaced by the words "alleged absent, without any known remains. cannot or unable to express their will. "
S. 18. in article 348-6 of the same Code inserted by the Act of 24 April 2003 and amended by the Act of May 9, 2007, the following changes are made: 1 ° in the 1st paragraph, the words ", an extended minor or a banned" are repealed;
2 ° in paragraph 2, the words "if one of these people is unable to manifest his will, without any residence known or presumed missing" are replaced by the words "if one of these people is presumed absent, without any known remains unable or incapable of expressing his will".
S. 19. article 348-7 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of May 9, 2007, is replaced by the following: «art.» 348-7. in the event of new adoption of a child which has been previously a full adoption, the consent of the adoptive parent or prior adoptive parents is required, unless they are presumed missing, without any known remains unable or unable to express their wishes, or the revision of the previous adoption has been pronounced against them. ».
S. 20. in article 353-8, paragraph 2, of the same Code, inserted by the Act of 24 April 2003, the words 'or is unable to exercise parental authority during the minority of the adopted child' are replaced by the words ", is presumed to be absent or is unable to exercise parental authority during the minority of the adoptee, or is unable to express his will.
S. 21. in article 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 adopted' shall be replaced by the words ", are absent or are unable to exercise parental authority during the minority of the adopted child or are unable to express their wishes.
S. 22. article 353-11 of the same Code, inserted by the law of April 24, 2003, is repealed.
S.
23. in article 375 of the same Code, replaced by the Act of March 31, 1987 and amended by laws of 19 April 1995 and may 9, 2007, 1st paragraph is replaced by the following: "if filiation is not established with respect to one of the father and mother or if one of them died, presumed missing or unable or incapable of expressing his will. the other has only this authority.
÷ unless it results from an explicit decision taken 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. ».
S. 24. article 389 of the same Code, replaced by the law of April 29, 2001, is replaced by the following: «art.» 389. the guardianship of minor children opens if the father and mother are deceased, legally unknown, in the impossibility sustainable to exercise the parental authority or unable to express their wishes.
Unless it results from an explicit decision taken under article 492/1, alleged lack or a declared absence, this impossibility is ascertained by the Court of first instance in accordance with article 1236bis of the Judicial Code.
».
S. 25. in book I, title X, of the same Code, chapter IV containing the articles 487bis to 487octies, inserted by the Act of June 29, 1973, is repealed.
S. 26. the title of book I, title XI of the Code is replaced by the following: 'title XI. The majority and protected persons.
S. 27. in book I, title XI, of the same Code, chapter 1bis containing the articles 488bis, A) at 488bis, K), inserted by the Act of 18 July 1991, is repealed.
S. 28. in book I, title XI, of the Code, the title of chapter II is replaced by the following: ' chapter II '. Of protected persons.
S. 29. in chapter II, replaced by article 28 inserted a section 1 'scope '.
S. 30. in the 1st section inserted by article 29, it is inserted an article 488/1 as follows: «art.» 488/1. The major who, because of his State of health, is totally or partly out of State to assume himself, as it should, without assistance or other protection measure, albeit temporarily, the management of its economic or non-economic interests, can be placed under protection if and to the extent where the protection of its interests so requires.
From the age of seventeen, a minor may be placed under protection if it is established that in its majority, it will be in the State referred to in paragraph 1. ».
S. 31. in the same section 1, it is inserted an article 488/2, as follows: «art.» 488/2. A measure of protection of property may be ordered for persons who are in a State of extravagance if and to the extent where the protection of their interests so requires. ».
S. 32. in chapter II, replaced by article 28 inserted a section 2 entitled "the extrajudicial protection".
S.
33. in section 2, inserted by article 32, article 489, replaced by the law of 10 October 1967, is replaced by the following: «art.» 489. the provisions of this section shall apply exclusively to acts of representation relating to property. ».
S. 34. in the same section 2, section 490 repealed by Act of 10 October 1967, is restored in the following wording: «art.» 490. the special or general mandate granted by a major person capable of expressing their will or an emancipated minor with respect to which no measures of protection referred to in article 492/1 was taken, and goal to organize in discriminated extra-judicial protection, is registered in the central register kept by the Royal Belgian notaries Federation.
The application for registration is made by the filing of a certified copy of the contract with the registry of the justice of the peace of the place of residence of the principal and, subsidiarily, of his home, or through the notary having prepared the Act concerning the mandate.
In this contract may be a number of principles which the agent must comply in the exercise of his mission.
Within fifteen days of the application for registration of the contract of mandate, the clerk or notary does register in the central registry kept by the Royal Federation of Belgian notaries. The King fixed the creation, maintenance and consultation of the central registry. It determines the authorities who have free access to the central registry and sets the rate of fees for the registration of contracts.
The agent and the principal major or emancipated minor who is capable of expressing his will and in respect of which no measures of protection referred to in article 492/1 was taken may, at any time, notify in writing the registry or the notary referred to in paragraph 2 of their decision to terminate the contract, stating the reasons for this decision. Similarly, the principal may also modify the principles that the representative must meet in the exercise of his mission and contained 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 which the contract has been registered. This document mentions the amendment on the deed or copy. It is then proceeded in accordance with paragraph 4. ».
S. 35. in the same section 2, inserted an article 490/1, as follows: «art.» 490/1. § 1.
The special mandate or general referred to in article 490 expires not right when the principal is in the situation referred to in articles 488/1-488/2.
By way of derogation from paragraph 1, cannot, in this case, intervene as agent: 1 ° individuals who are placed under judicial safeguard referred to in section 3;
2 ° those who under section 496/6 may not be directors.
§ 2. Justice of the peace may, either ex officio or at the request of the principal, the agent, any interested person, as well as King's Attorney, decide

on the implementation of the mandate. Sections 1241 and 1243 of the Judicial Code shall apply.
If the Justice of the peace found that the principal is in the situation referred to in articles 488/1 or 488/2, that mandate responds to the interest of the principal and that the agent has accepted his mission, he ordered execution total or partial of the mandate in accordance with article 490/2. The decision is communicated by judicial fold to the applicant, the principal and the agent.
In the contrary case, Justice of the peace may order a measure of judicial protection that actually stop totally or partially the mandate or added by a specially reasoned order pursuant to article 492/1. The provisions of part IV, book IV, chapter X, judicial Ire of the Code shall apply.

§ 3. The acts of the agent in the name and on behalf of the principal may, if the contract of mandate does not meet the conditions laid down in the § 1, be cancelled in the event of injury, if the agent knew or ought to have known that the principal was clearly, at that time, in a situation referred to in article 488/1 or 488/2. The nullity of such acts is appreciated by the judge taking into account the rights of bona fide third parties. Nullity does not affect possible liability actions which may belong to the principal against the agent. ».
S.
36. in the same section 2, inserted an article 490/2, as follows: «art.» 490/2.
§ 1. Except as otherwise legal mandate referred to in article 490, is subject to articles 1984 to 2010.
In the accomplishment of its mission, agent respects the principles indicated by the principal in accordance with article 490, paragraph (3) as far as possible.
In the accomplishment of its mission, the agent confers regularly with the principal. He informs the principal as well as, where applicable, third parties named in the contract of mandate, acts he does.
When the interests of the agent are in conflict with those of the principal, the Justice of the peace means, ex officio or at the request of the principal or of any interested person, an ad hoc Agent.
The procedure referred to in article 1250 of the Judicial Code shall apply.
The funds and property of the principal are fully and clearly separated from the personal wealth of the agent. Bank accounts of the principal are registered in his own name.
If the principal has designated several agents, disputes between them are set, on request, by the Justice of the peace in the interest of the principal.
The procedure laid down in article 1252 of the Judicial Code shall apply.
§ 2. Justice of the peace may, at any time, put end, in whole or in part, to mandate if the execution of the mission is likely to endanger the interests of the mandator or there is to be replaced, in whole or in part, the mandate by a judicial safeguard which would be more conforming to the interests of the principal.
It may also submit the execution of the warrant to the same formalities as those which apply in the case of a measure of judicial protection. Justice of the peace may, either ex officio or at the request of any interested person and the Prosecutor, decide on the conditions and modalities of implementation of the mandate. The same penalties as those prescribed for a measure of judicial protection shall apply in the event of failure to comply with the terms of the.
Article 1246 of the Judicial Code shall apply.

§ 3. The extrajudicial protection measure ends: 1 ° when the principal is no longer in the situation provided for in article 488/1 or 488/2;
2 ° following the notification of the waiver of the representative to the mandate in accordance with article 490, paragraph 5;
3 ° following the notification of the revocation of the mandate by the principal in accordance with article 490, paragraph 5;
4 ° after the death or placement under judicial protection under article 492/1, either the principal or the agent;
5 ° following a decision by the justice taken pursuant to § 2 and article 490/1, § 2, paragraph 3. ».
S. 37. in book I, title XI, chapter II, of the same Code, replaced by article 28 inserted a section 3 entitled "judicial protection".
S. 38. in section 3, inserted by article 37, there shall be inserted a 1st sub-section entitled "Definitions".
S. 39. in sub-section 1, inserted by article 38, article 491, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 491. for the purposes of this section, is meant by: a) protected person: a person who, by a decision of justice taken pursuant to article 492/1, was declared unable to perform one or more actions.
(b) acts: physical, legal acts or procedure;
(c) legal acts: acts that are likely to representation and which are posed to produce legal effects.
(d) acts of procedure: all acts concerning the proceedings as plaintiff or defendant.
(e) capacity: the jurisdiction to exercise its rights and duties himself and independently;
(f) assistance: how to take in charge inability referred to in chapter II/1, section 4, subsection 2, the person protected can accomplish itself, but not independently, an act determined;
(g) representation: how to take in charge the incapacity referred to chapter II/1, section 4, subsection 3, the protected person may perform or independently, or itself, a given act. ».
S.
40. in section 3, inserted by article 37, there shall be inserted a subsection 2 entitled "disability".
S. 41. in sub-section 2, inserted by article 40, article 492, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 492. the Justice of the peace may order a measure of judicial when protection and to the extent where it finds the need and notes the inadequacy of the legal or extrajudicial protection against the person referred to in articles 488/1-488/2, existing. The extrajudicial protection measure remains application insofar as it is compatible with the extent of judicial protection. If necessary, the Justice of the peace lays down the conditions to which the warrant may be prosecuted. ».
S. 42. in the same subsection 2, it is inserted an article 492/1 as follows: «art.» 492/1. § 1.
Justice of the peace who orders a measure of legal protection in relation to the person decides which are the acts in relation to the person that the protected person is unable to perform, taking into account the personal circumstances as well as his State of health. It expressly enumerates such acts in its order.
In the absence of indications in the order referred to in paragraph 1, the protected person can rest for all actions relating to his person.
In its order, the Justice of the peace pronounces in all cases expressly on the ability of the protected person: 1 ° choice of residence;
2 ° to consent to the marriage, as provided for in articles 75 and 146;
3 ° to bring an action for annulment of the marriage referred to in articles 180, 184, 192 and to defend themselves against such action;
4 ° to introduce a request for divorce for irretrievable disunity, referred to in article 229, and to defend themselves against such a request;
5 ° to submit an application for divorce by mutual consent, referred to in article 230;
6 ° to introduce an application for separation of body, referred to in article 311a and defend themselves against such a request;
7 ° to recognise a child in accordance with article 327;
8 ° to exercise, either asking or defending of actions relating to filiation referred to in book I, title VII;
9 ° to exercise parental authority referred to in book I, title IX, on the person of the minor;
10 ° to make a declaration of legal cohabitation referred to in article 1476 § 1 of fine pection in article 1476, § 2;
11 ° where appropriate, to make a statement to acquire Belgian nationality, referred to in chapter III of the Code of Belgian nationality of 28 June 1984;
12 ° to exercise the rights covered by the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data;
13 ° to exercise the right provided for by the law of 23 June 1961 relating to the right of reply;
14 ° to submit a request for change of name or first name, provided in article 2 of the Act of 15 May 1987 names and surnames;
15 ° of exercise the patient rights provided by the law of 22 August 2002 on the rights of the patient;
16 ° to consent to experimentation on the human person in accordance with article 6 of the experiments on the human act of May 7, 2004;
17 ° to consent to an organ retrieval, referred to in article 5 or 10 of the Act of 13 June 1986 on the levy and organ transplantation;
18 ° to exercise the right to refuse the completion of an autopsy on her child of less than 18 months, in accordance with article 3 of the Act of 26 March 2003 regulating the practice of the autopsy after the death accidental and medically unexplained of a child under the age of 18 months;
§ 2. Justice of the peace who directs a measure of judicial protection of property decides, taking into account the personal circumstances, the nature and the composition of assets to manage, as well as the State of health of the protected person, what acts or categories of acts in relation to the goods that it is incapable of accomplishing.
In the absence of indications in the order referred to in paragraph 1, the protected person is capable to all acts in connection with the goods.
In its order, the Justice of the peace pronounces in all cases

specifically on the ability of the person protected: 1 ° from disposing of its assets;
2 ° borrow money;
3 ° to give his property pledge or mortgage as well as to authorize the cancellation of a mortgage registration, with or without discharge, and a transcript of an order for seizure and sale without payment;
4 ° to grant a lease, commercial lease or a lease to rent more of nine years;
5 ° to renounce a succession or a universal legacy or universal or accept it;
6 ° to accept a donation or a legacy by particular title;
7 ° to litigate asking or defending;
8 ° to conclude a joint ownership agreement;
9 ° to purchase immovable property;
10 ° of compromise or conclude an arbitration agreement;
11 ° to continue a trade;
12 ° to acquiesce to a request concerning real rights;
13 ° to dispose by donation inter vivos;
14 ° to enter into or amend a contract of marriage;
15 ° of draft or revoke a will;
16 ° acts of daily management;
17 ° to exercise the legal administration of the property of the minor referred to in book I, title IX.
If necessary, the Justice of the peace said in its order which are the daily management acts referred to in section 3, 16 °.
§ 3. If the Justice of the peace ordered both a measure of judicial protection of the individual and a measure of judicial protection of property, determine in two separate parts of its order acts in relation to the person and acts in relation to the goods that the protected person is incapable of performing. ».
S. 43. in the same subsection 2, it is inserted a section 492/2 as follows: «art.» 492/2. Justice of the peace may order representation for the completion of a legal act or a procedural act if the assistance in the performance of that Act is not enough.
In the absence of contrary indication in the order, the protected person is only assisted in performing the acts for which it was declared incapable.
Justice of the peace may, with respect to a person referred to in article 488/2, only direct assistance in the fulfilment of all or part of the acts concerning the property of the protected person. ».
S. 44. in the same subsection 2, it is inserted an article 492/3 as follows: art. 492/3. The judicial protection measure has effect at the date of publication of the order in the Moniteur belge in relation to the acts referred to in article 499/7, §§ 1 and 2. For other acts, the judicial protection measure has effect as of the filing of the motion to appoint an administrator. ».
S.
45. in the same subsection 2, it is inserted an article 492/4 read as follows: «art.» 492/4.
Justice of the peace may at any time, either ex officio or at the request of the protected person or the person trust, its administrator or of any interested person, as well as King's Attorney, put an end to the judicial protection measure or changing the content by a reasoned order. Sections 1241 and 1246 of the Judicial Code shall apply. Where appropriate, the extent of judicial protection ends the day of the order.
The judicial protection measure is assessed in accordance with paragraph 1 no later than two years after the issuance of the order referred to in article 492/1.
The measure of judicial protection takes end right in the event of death of the protected person, upon the expiry of the term for which it was taken, or in the case of the final release of the internal. The public prosecutor's Office informed Justice of the peace of the final liberation of in-house. ».
S.
46. in the same subsection 2, it is inserted an article 492/5 as follows: «art.» 492/5.
The King establishes, with the assent of the order of physicians and the national Supreme Council of persons with disabilities, a list of health States deemed alter seriously and persistently Faculty of the protected person to assume properly managing its heritage interests, even by resorting to the assistance.
It is clear from the medical certificate referred to in article 1241 of the Judicial Code that the protected person is in a State of health that appears on the list referred to in paragraph 1, articles 492/1, § 2, paragraphs 3 and 4, and 492/4, paragraph 2, are not application, and by way of 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 protect is represented at the fulfillment of all legal acts and legal proceedings concerning his property.
Justice of the peace has nevertheless the possibility of conducting an assessment to measure if it considers it necessary. ».
S. 47. in section 3 inserted by article 37, it is inserted a subsection 3 titled "of sanctions.
S.
48. in sub-section 3 inserted by article 47, article 493, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 493. § 1. The acts of the person protected in violation of his disability with respect to his person, established under article 492/1, § 1, are void in law.
If the acts 1 paragraph, were authorized by the Justice of the peace under conditions but have been made by the protected person without complying with these, the invalidity of such acts may be invoked.

§ 2. The acts referred to in article 499/7, § 2, performed by the person protected in violation of its inability for property, prepared under article 492/1, § 2, are void in law.
Under subject to the paragraph 1, acts performed by the protected person in violation of his inability for property, established under article 492/1, § 2, are void in the event of injury. The nullity is appreciated by the judge taking into account the rights of bona fide third parties. However, the judge may also, in the event of excess, reduce the obligations that the protected person would have contracted by way of purchase or otherwise; in this regard, the judge takes into account the fortune of the protected person, the good faith of the people who contracted with it, as well as the utility or inutility of the expenses.
If acts referred to in articles 905 and 1397/1 were authorized by the Justice of the peace under conditions, but has been made by the protected person without complying with these, they are void of right.
§ 3. The nullity may be invoked only by the protected person and its administrator. The nullity of the Act may be covered by its administrator for the duration of the protection measure. If it is an act referred to in article 499/7, Justice of the peace gives the administrator a special authorization. The procedure referred to in article 1250 of the Judicial Code shall apply.
Where the protected person is admitted as such to render against its commitments, the reimbursement of what would have been, in consequence of these commitments, paid for the protection cannot in required, unless it is proved that what has been paid has turned to its advantage.
§ 4. This section is applicable to the acts in violation of article 498/1 by the protected person who enjoys an assistance plan. ».
S.
49. in the same subsection 3, it is inserted an article 493/1 as follows: «art.» 493/1.
The action in nullity prescribed by five years.
Time runs against the protected person from the date of knowledge she will have had the contested measure or meaning it in will be made later at the end of the functions of the administrator.
The period shall run, against his heirs, from the knowledge that they will have had or meaning they will have been made after the death of the person from whom they take their rights.
Prescription which began to run against the protected person continues to run against the heirs.
Notwithstanding the expiry of this period, the protected person or his heirs can claim to the other party's bad faith damages because of the injury. ».
S. 50. in the same subsection 3, it is inserted a section 493/2 as follows: «art.» 493/2. Any act done before that judicial protection measure has produced its effects may be cancelled if the cause of the extent notoriously existed at the time when these acts have been performed. ».
S. 51. in the same subsection 3, it is inserted an article 493/3 as follows: «art.» 493/3. After the death of the protected person, the acts performed by it for remuneration may be attacked due to his State of health only as far as judicial protection would have been pronounced or applied before his death, unless the evidence of inability to express its will is because of the very act which is attacked. ».
S.
52. in book I, title XI, of the same Code, it is inserted a new chapter II/1 entitled "administration".
S. 53 chapter II/1, inserted by article 52, it is inserted in a 1st section entitled "Definitions".
S. 54. in the 1st section, inserted by article 53 article 494, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 494. for the purposes of this chapter, means: a) protected person: a person who, by a decision taken pursuant to article 492/1, was declared unable to perform one or more actions.
(b) administrator of the person: person who assists or represents the protected person in the performance of acts relating to his person, for which it was declared incapable in accordance with article 492/1;
(c) administrator of estates: person who assists or represents the person protected in the performance

of acts relating to property, for which it was declared unable under article 492/1;
(d) person of confidence: person who acts as an intermediary between the administrator of the person, the administrator property and the person protected, which expresses, in the cases provided by law, opinion of the protected person if it is not able to do so itself or helped him express his opinion if it is not able to do so independently , and ensures the proper functioning of the administration;
(e) support: the intervention of the administrator to improve the validity of an act done by the protected person itself.
(f) representation: the intervention of the administrator in the name and on behalf of the protected person;
(g) management: the administrator intervention to perform acts relating to property which may not give rise to a representation. ».
S. 55. in chapter II/1 inserted by article 52, it is inserted a section 2 entitled "the openness of administration.
S. 56. in section 2 inserted by article 55, article 495, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 495. the administration of protected persons opens when Justice of the peace:-directs a measure of judicial protection under article 492/1 and that a person who is assisting the protected person to perform acts must be designated;
-ordered a measure of judicial protection under article 492/1 and that a person who represents the protected person to perform acts must be designated. ».
S. 57. in chapter II/1 inserted by article 52, it is inserted a section 3 entitled "the Organization of the administration.
S. 58. in section 3 inserted by article 57, article 496, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 496. any person for which no judicial protection referred to in article 492/1 measurement was taken may file before Justice of the peace of his residence or alternatively, domicile or before a notary a statement in which it made known his preference in what concerns the administrator or person of trust to designate if the Justice of the peace ordered a measure of judicial protection.
This same statement can contain several principles that the officer in charge of a mission of representation must meet in the exercise of his mission.
It is established a genuine note of this statement. The Justice of the peace, assisted by the clerk can get at the residence or at the home of the applicant, even outside his canton, at the request and at the expense of the latter, in order to record a statement.
Within fifteen days after the filing of the above statement, the clerk or notary makes save the declaration in a central registry, maintained by the Federation Royale du Notariat Belge.
The King fixed the creation, maintenance and consultation of the central registry. The King determines the authorities who have free access to the central register. The King sets the rate of fees for registration of these statements.
Before the Justice of the peace pronounced the measure of judicial protection, the clerk verifies if a statement was recorded in the register referred to in paragraph 4. If this is the case, he asked the notary or clerk of the justice of the peace before whom the deed of appointment of an administrator and a trustworthy person spent to send him a certified copy.
The person referred to in paragraph 1 may, at any time, in a manner identical to that provided for in paragraphs 1 and 2, revoke the declaration and, where appropriate, to express a new preference. II is then carried out as provided for in the preceding paragraphs. Justice of the peace or notary before whom the declaration is revoked shall inform the Justice of the peace or notary before whom the initial statement was made. This document mentions the revocation on the amended Act. ».
S. 59. in the same section 3, it is inserted an article 496/1 as follows: «art.» 496/1. § 1. Parents, spouse, cohabitant it legal, the person living maritally with the protected person or a member of the immediate family who has been appointed as administrator may file a statement in which they know their preference as to the administrator to designate in the case where the administrator could perform himself its mandate before the Justice of the peace who manages the administrative record,.
This statement is under an Act, a certified copy is attached to the administrative file referred to in article 1253 of the Judicial Code.
Whenever the Justice of the peace means an administrator in lieu or succession of the Administrator referred to in paragraph 1, it first checks if the record contains a statement.
§ 2. The person who has been designated as a person trusted by the protected person can make, before Justice of the peace who manages the administrative record, a statement in which it made known its preference in the person of trust to designate in the case where it could no longer continue to exert itself this function. This statement is under an Act, a certified copy is attached to the administrative file referred to in article 1253 of the Judicial Code.
Whenever the Justice of the peace who manages the folder administrative means a person of confidence in replacement or succession of the person referred to in paragraph 1, it first checks if the record contains a statement. ».
S. 60. in the same section 3, it is inserted a section 496/2 as follows: «art.» 496/2. If the person designated in accordance with articles 496 and 496/1 accepts the administration, Justice of the peace peer designation, unless serious reasons arising out of the interest of the person protected and detailed in the reasons of the order doesn't prohibit to follow the choice.
Justice of the peace may also refuse registration on the basis of the extract from the judicial record of the designated person. ».
S.
61. in the same section 3, it is inserted an article 496/3 read as follows: «art.» 496/3.
If he has not made use of the possibilities provided for in articles 496 and 496/1 or the choice could not be followed, the Justice of the peace chooses an administrator able to assist or represent the person to protect.
Justice of the peace chosen preferably, as administrator of the person, the parents or one of the two parents, spouse, cohabitant it legal, the person cohabiting with the person to protect, a close family member, a person who undertakes daily care of the protected person or who accompanies the person to protect and his entourage in care , or a private foundation, which is dedicated exclusively to the person to be protected, taking into account the opinion of it as well as his personal situation, its conditions of life with his family situation.
Justice of the peace preferably designates the administrator of the person as administrator of estates, unless this is contrary to the interests of the person to protect or has not been designated person of confidence. In the absence of an administrator of the person or if it considers that another person must be designated as administrator of estates, the Justice of the peace chosen preferably as administrator of property the parents or one of the two parents, spouse, cohabitant it legal, the person with whom the person to protect lives together maritally, a close family member, a person who loads the protected person daily care or accompanying person to protect and
his entourage in such care, or a private foundation that is dedicated exclusively to the protected person, or agent referred to in article 490, taking account of the opinion of the person to be protected as well as his personal situation, the nature and the composition of heritage to manage and the family of the protected person status. ».
S. 62. in the same section 3, it is inserted an article 496/4 read as follows: «art.» 496/4. § 1. Justice of the peace may appoint one person as the administrator of the person, with the exception of the parents of the person to be protected.
§ 2. Justice of the peace may designate several administrators of the goods in the interests of the protected person. If necessary, he said the skills of various administrators and the manner in which they exercise these skills.
÷ the connection of third parties of good faith, any Director deemed acting with the agreement of another administrator or other administrators when it performs only an Act relating to the administration of property, subject to exceptions provided by law. ».
S.
63. in the same section 3, it is inserted a section 496/5 as follows: «art.» 496/5.
No one is required to accept the duties of administrator. ».
S. 64. in the same section 3, it is inserted an article 496/6 worded as follows: «art.» 496/6. May not be directors: 1 ° the persons subject to a judicial or extra-judicial protection measure;
2 ° legal persons, with the exception of the private foundation that devotes itself exclusively to the person protected.
3 ° the leaders or members of the staff of the institution where the person protected.
4 ° in relation to the administration of the goods only, who can freely dispose of their property;
5 ° persons who, under article 32 of

Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this fact, are totally deprived of parental authority. ».
S. 65. in the same section 3, it is inserted an article 496/7 read as follows: «art.» 496/7. Without prejudice to article 492/4, Justice of the peace may at any time, either ex officio, or at the request of the protected person, of his person, his administrator or any person interested as well as that of the Prosecutor, by reasoned order, replace the administrator or change the powers entrusted to him. If several managers have been appointed, he can also put an end to the mission of an administrator or change the way they exercise their powers. The procedure laid down by article 1250 of the Judicial Code shall apply.
If it considers it necessary, the Justice of the peace may require the property manager of the guarantees, either at the time of its designation, year of his mission. ».
S.
66. in chapter II/1 inserted by article 52, section 4 is inserted: "of the functioning of the administration.
S. 67. in section 4 inserted by article 66, inserted a 1st sub-section entitled 'General provisions '.
S. 68. in sub-section 1 inserted by article 67, article 497, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 497. the administration is a personal burden passing point to the heirs of the administrator.
The administration aims to defend the interests of the protected person. To the extent possible, it increases the autonomy of the protected person.
».
S. 69. in the same subsection 1, it is inserted an article 497/1 as follows: «art.» 497/1. The King may subordinate the exercise of the function of administrator under certain conditions, including limiting the number of people to be the administrator.
».
S. 70. in the same subsection 1, it is inserted a section 497/2 as follows: «art.» 497/2. The following acts are not likely to be a helper or a representation by the administrator: 1 ° the consent to marriage referred to in articles 75 and 146;
2 ° the intentement of an action for annulment of marriage, referred to in articles 180, 184, 192;
3 ° the fixing of the conjugal residence referred to in article 214, paragraph 2;
4 ° the consent to dispose of the family home, referred to in article 220, § 1;
5 ° the intentement of an action for divorce for irretrievable disunity, referred to in article 229;
6 ° the introduction of a request for judicial separation, referred to in article 311a;
7 ° the introduction of an application for divorce by mutual consent, referred to in article 230;
8 ° the recognition of a child referred to in article 328;
9 ° consent to recognition, referred to in article 329bis, § 2;
10 ° opposition to action in search of maternity or paternity, referred to in article 332quinquies, § 2;
11 ° the intentement of an action relating to filiation, referred to articles 312, § 2, 314, 318, 322, 329bis, 330 and 332quinquies;
12 ° the consent to 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 regard to the status of the person of the minor child;
14 ° making a declaration of legal cohabitation referred to in article 1476, § 1, and that terminate in accordance with article 1476, § 2;
15 ° the consent to sterilization;
16 ° consent to an act of medically assisted procreation Act of July 6, 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes;
17 ° the declaration to have constant and irreversible conviction of belonging to the sex opposite to that which is indicated in the Act of birth referred to in article 62A, § 1;
18 ° the request for euthanasia, referred to in articles 3 and 4 of Act of 28 May 2002 on euthanasia;
19 ° the request to a termination of pregnancy, referred to in article 350 of the Criminal Code;
20 ° consent to acts affecting the physical integrity or life intimate of the protected person, without prejudice to the derogations contained in specific legislation.
21 ° the consent to use gametes or embryos in vitro research purposes, referred to in article 8 of the law of May 11, 2003 on research on embryos in vitro;
22 ° the exercise of the right to refuse the completion of an autopsy on her child of less than 18 months, referred to in article 3 of the Act of 26 March 2003 regulating the practice of the autopsy after the death accidental and medically unexplained of a child under the age of 18 months;
23 ° consent to a sample of blood and derivatives of blood, referred to in article 5 of the Act of 5 July 1994 on blood and human blood derivatives;
24 ° donation inter vivos, except gifts to use proportional to the heritage of the protected person;
25 ° the establishment or revocation of a testamentary disposition;
26 ° exercise of political rights referred to in article 8, paragraph 2, of the Constitution.
».
S. 71. in the same subsection 1, it is inserted an article 497/3 as follows: «art.» 497/3. § 1. Disputes between the administrator of the person and the administrator of estates are set to query, by Justice of the peace in the interests of the protected person, in accordance with the procedure laid down in article 1252 of the Judicial Code.

§ 2. The agreement of the administrator of the person and the property administrator is required to perform legal acts and take decisions that affect both the person and property of the protected person.
÷ the connection of third parties of good faith, each Director is supposed to act with the agreement of another administrator when performing only an Act relating to the regime of judicial protection, the exceptions provided by law. ».
S. 72. in the same subsection 1, it is inserted an article 497/4 as follows: «art.» 497/4. In the case of opposition of interests between the protected person and its administrator, Justice of the peace or the judge hearing the case refers to an ad hoc administrator, either ex officio or at the request of the person, any interested person or the Attorney of the King.
The procedure referred to in article 1250 of the Judicial Code shall apply mutatis mutandis, with the exception of the case where the judge hearing the case is an ad hoc administrator.
».
S. 73. in the same subsection 1, it is inserted a section 497/5 as follows: «art.» 497/5. By specially reasoned decision, Justice of the peace may allocate to the administrator, after approval of the report referred to in articles 498/3, 498/4, 499/14 or 499/17, compensation the amount of which may not exceed three per cent of the income of the protected person.
Justice of the peace takes into account for the assessment of remuneration, the nature, composition and the importance of managed heritage, as well as the nature, the complexity and the importance of the services provided by the administrator. If the administrator of the person has not been designated as administrator of the property, the Justice of the peace determines what share of the compensation is up to each of them. The King may determine the income which serve as basis for the assessment of compensation.
If the Justice of the peace found that the Administrator fails to its mission, it may refuse to allocate pay or allocate pay less by specially reasoned decision.
Compensation is increased by the costs incurred, duly monitored by the Justice of the peace. The King may fix some costs on a lump sum basis.
Justice of the peace may allocate to the administrator, on presentation of motivated statements, compensation in connection with special duties performed. Performed exceptional duties, means material and intellectual benefits which do not fit in the daily management of the heritage of the protected person. The King can set the mode of calculation of the compensation for outstanding duties.
Except in exceptional circumstances, the Justice of the peace can allocate any remuneration to the parent or parents of the protected person which have been designated as administrator.
The administrator can receive, apart from remuneration or allowances referred to in paragraphs 1, 3 and 4, no compensation or no benefit of any kind or whatsoever, relating to the exercise of the judicial mandate. ».
S. 74. in the same subsection 1, it is inserted an article 497/6 worded as follows: «art.» 497/6. Justice of the peace may take all steps to inquire into the situation family, moral and material of the protected person, as well as its conditions of life.
It can especially request the Prosecutor of the King to the intervention of the competent social service, all relevant information on these various points. ».
S.
75. in the same subsection 1, it is inserted an article 497/7 read as follows: «art.» 497/7. The administrator of the person and the administrator of estates shall inform each other and inform the person of the acts they perform in the exercise of their mission.
».
S. 76. in the same subsection 1, it is inserted a section 497/8 read as follows: «art.» 497/8. When the protected person is in a State of health mentioned in the list referred to in article 492/5, paragraph 1, it shall be deemed not be able

aware of the report in relation to the application of articles 498/3, 498/4, 499/6, 499/14 and 499/17. ».
S. 77. in section 4, inserted by article 66, inserted a 2 subsection titled "of assistance.
S. 78. in sub-section 2, inserted by article 77 article 498, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 498. this sub-section shall apply if the Justice of the peace ordered a measure of legal protection to assistance under article 492/1.
By way of derogation from paragraph 1, this subsection is in any case when the Justice of the peace ordered a measure of legal protection on behalf of a person in the circumstances referred to in article 488/2.
».
S. 79. in the same subsection 2, it is inserted an article 498/1 as follows: «art.» 498/1. The magistrate who ordered the assistance in accordance with article 492/2 specifies the modalities.
Justice of the peace may decide that assistance is granted by the administrator to a prior consent to the completion of a single specific Act, a category of specific acts or acts pursuing a specific objective. Consent to actions pursuing a specific objective must in any case be given in writing.
In the absence of indications in the order referred to in paragraph 1, the assistance is in the written consent to the performance of the Act or, if it is an act referred to in article 499/7 and writing in the co-authorship of this writing is set by the administrator. ».
S. 80. in the same subsection 2, it is inserted a section 498/2 as follows: «art.» 498/2. The administrator of the person assisting the protected person where it performs an Act respecting a person who, under article 492/1, depends on the extent of judicial protection, unless the contemplated Act is clearly detrimental to the interests of the protected person.
The administrator of estates attended the protected person does an Act relating to property which, under article 492/1, depends on the extent of judicial protection, unless the contemplated Act is detrimental to the interests of the protected person.
The administrator associates the person protected, to the extent possible and taking into account his faculty of understanding, in the exercise of his mission.
In the event of damage caused by the administrator to the person protected in the exercise of his mission, the Administrator replied that its fraud and its gross negligence. However, liability for mistakes is applied less strictly to that free assumes the assistance mission to that receiving the remuneration referred to in article 497/5, paragraph 1.
».
S. 81. in the same subsection 2, it is inserted an article 498/3 as follows: «art.» 498/3. § 1. Justice of the peace determines when where or the circumstances in which and the manner in which the administrator of the person shall report on the acts for which he attended the protected person.
In the absence of indications in the order referred to in article 492/1, § 1, administrator shall report writing annually to j. of peace, the protected person, to his person and his administrator of estates. Justice of the peace may dispense with the administrator to transmit this report to the protected person, provided that it is not able to read.
This written report includes at least the following: 1 ° the name, surname and domicile or residence of the administrator, or its name and its headquarters.
2 ° the name, surname and domicile or residence of the protected person and the person of confidence;
3 ° a statement of the acts for which the Administrator attended the protected person.
§ 2. The administrator of estates reported annually in writing to the judge of peace, the protected person, his person and his administrator of the person. Justice of the peace may dispense with the administrator to transmit this report to the protected person, provided that it is not able to read.
This written report includes at least the following: 1 ° the name, surname and domicile or residence of the administrator, or its name and its headquarters.
2 ° the name, surname and domicile or residence of the protected person and the person of confidence;
3 ° a statement of the acts for which the Administrator attended the protected person.
If the Justice of the peace has designated several administrators of the goods, it determines how they do this written report.
§ 3. Justice of the peace mark its approval at the bottom of the report. Remarks or comments that the administrator must consider in the future are passed.
The report shall be paid to the administrative file referred to in article 1253 of the Judicial Code.
§ 4. The King establishes a report model.
».
S. 82. in the same subsection 2, it is inserted an article 498/4 read as follows: «art.» 498/4. In the months of the cessation of its mission, the administrator must provide a final report in accordance with article 498/3, § 1, paragraph 3, or article 498/3, § 2, paragraph 2, to the judge of peace, to the person for which the measure of judicial protection ended, or the new administrator. In the latter case, the report is also presented to the protected person and his trusted person. Justice of the peace may, however, provide the administrator to transmit this report to the person protected, provided that it is not able to read.
It is prepared a report noting the approval or non-approval of the report. Where appropriate, there is mention of the grounds for the refusal of approval of the report.
Any approval of the final report prior to the date of the report referred to in paragraph 2 is zero.
The report and the minutes shall be paid to the administrative file referred to in article 1253 of the Judicial Code. ».
S.
83. in section 4, inserted by article 66, inserted a subsection 3 titled 'representation and management.
S. 84. in sub-section 3, inserted by article 83 article 499 of the Code, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 499. this sub-section shall apply if the Justice of the peace ordered a measure of judicial protection of representation under article 492/1. ».
S. 85. in the same subsection 3, it is inserted an article 499/1 as follows: «art.» 499/1. § 1.
The administrator of the person represents the protected person during the performance of a juridical act or a pleading in the person, insofar as this Act depends on the extent of judicial protection referred to in article 492/1, § 1.
§ 2. The property administrator manages the property of the person protected as a good father and represents the person protected where it performs a legal act or a procedural act relating to these goods, insofar as this Act statement of the extent of judicial protection referred to in article 492/1, § 2.

§ 3. The administrator complies as far as possible in the exercise of his mission, the principles for which the protected person has opted in accordance with article 496, paragraph 2. However, Justice of the peace can provide the administrator of the obligation to respect certain principles where the circumstances in the meantime evolved to the point that there are serious doubts that the intention of the protected person is to uphold these principles.
The administrator combines the protected person, as far as possible and taking into account its capacity of understanding, in the exercise of his mission.
In carrying out its mission, he confers regularly with the protected person or the person's confidence.
The administrator shall inform the protected person acts it performs. In special circumstances, the Justice of the peace may waive this obligation.
÷ non-administrator of the person, administrator of property or person of confidence, Justice of the peace may designate another person or institution that the administrator will need to inform. ».
S.
86. in the same subsection 3, it is inserted a section 499/2 as follows: «art.» 499/2.
The administrator of estates uses revenues from the protected person to the maintenance thereof, provide care and ensure his well-being, and requires the application of social legislation in the interests of the protected person.
It puts the money required for the provision of the protected person after consultation on this subject with her and with his person and the administrator of the person.
All these provisions apply without prejudice to the legal provisions and regulations relating to support of maintenance of patients, people with disabilities and seniors. ».
S. 87. in the same subsection 3, it is inserted an article 499/3 as follows: «art.» 499/3. The funds and property of the protected person are fully and clearly separated from the personal wealth of the administrator.
Banking assets of the protected person are registered in his own name. ».
S. 88. in the same subsection 3, it is inserted an article 499/4 as follows: «art.» 499/4. Justice of the peace set in its order referred to in article 492/1, § 2, the amount of money placed on an account of the protected person may, during the period he determines, be removed or transferred by the Administrator without prior permission. ».

S. 89. in the same subsection 3, it is inserted an article 499/5, worded as follows: «art.» 499/5. The administrator may be assisted in its management by one or more persons acting under his responsibility.
Justice of the peace may entrust an institution approved by the National Bank of Belgium, under the law of 22 March 1993 on the legal status and control of credit institutions, a mission's management of funds, securities and securities belonging to the person protected and deposited with it. Justice of the peace determines that management conditions. ».
S. 90. in the same subsection 3, it is inserted an article 499/6 worded as follows: «art.» 499/6. No later than one month after accepting his appointment, the administrator of the person shall report to the judge of peace, the protected person and his trusted person, on the quality of life of the protected person. Justice of the peace may waive to transmit this report to the protected person, provided that it is not able to read.
No later than one month after accepting his appointment, the administrator of estates shall prepare a report concerning the assets and sources of income of the protected person and transmits it to the Justice of peace, the protected person and his trusted person. Justice of the peace may waive to transmit this report to the protected person, provided that it is not able to read.
Justice of the peace may, however, provide the administrator of the duty referred to in paragraphs 1 and 2, with regard to the scope of its mission.
The report shall be paid to the administrative file referred to in article 1253 of the Judicial Code.
The King establishes a model for written report. ».
S. 91. in the same subsection 3, it is inserted an article 499/7 as follows: «art.» 499/7. § 1. Without prejudice to the provisions of specific laws, the administrator of the person must be specially authorized by the Justice of the peace for: 1 ° change the residence of the person protected.
2 ° exercise the rights provided by the law of 22 August 2002 on the rights of the patient, in accordance with article 14, § 2, of the aforementioned Act;
3 ° to represent the protected legal person asking in the procedures and actions.
Justice of the peace may give the authorization referred to in paragraph 1, 2 °, for the exercise of all rights related to a specific medical treatment.
By way of derogation from paragraph 1, 2 °, the administrator competent to intervene under the Act of 22 August 2002 may, in an emergency, exercise without special permission from the Justice of the peace the rights enumerated in the Act. It shall without delay inform the Justice of the peace, the person and the administrator of the property of its intervention.
§ 2. The administrator of property must be specially authorized by the Justice of the peace for: 1 ° dispose of the property of the protected person, except fruit and discarded objects, except in the context of management entrusted to an institution described in article 499/5, paragraph 2;
2 ° borrow;
3 ° mortgage or pledge property of the protected person or authorize the cancellation of a mortgage registration, with or without discharge, and a transcript of an order for seizure and sale without payment and exemption from registration office;
4 ° enter a farm lease, commercial lease or a lease to rent over nine years, as well as to renew a commercial lease;
5 ° renounce a succession or a universal legacy or universal or accept it, which cannot be done under benefit of inventory.
Justice of the peace may, by a reasoned order, grant permission to accept a succession, a universal legacy or universal basis, purely and simply, account account of nature and the consistency of the legacy heritage and provided that the benefits are clearly above the loads of the heritage inherited;
6 ° accept a donation or a legacy by particular title;
7 ° represent the person protected in court by asking in the procedures and actions, except for:-procedures and acts referred to in articles 1150, 1180, 1 °, 1187, paragraph 2, and 1206 of the Judicial Code;
-the constitutions of civil party;
-disputes concerning contracts rental or occupation without title or right, and - requests for application of the social legislation in favour of the person protected;
8 ° conclude a Pact of undivided ownership;
9 ° purchase immovable property;
10 ° compromise or conclude an arbitration agreement;
11 ° continue trade. The administration of trade can be entrusted to an ad hoc administrator under the control of the administrator of estates.
The special administrator of estates is designated by the Justice of the peace. Justice of the peace may at any time withdraw his authorization to continue trade;
12 ° alienate souvenirs and other personal objects, even if objects of little value, without prejudice to article 499/9;
13 ° acquiesce to a request relating to rights in immovable property;
14 ° allow payment services providers to affix any distinctive sign on payment of the protected person.
The withdrawal and the transfer of sums of money placed in an account of the protected person are not considered a disposition of property for the purposes of paragraph 1, 1 °, provided that they fulfil the conditions laid down in article 499/4.
§ 3. If a legal act or an act of procedure relates both to the person that the heritage of the protected person, Justice of the peace may also authorize the administrator to act alone. If it is only entered by the administrator of the person or the administrator of estates, the other is heard or at least summoned by judicial fold. This notice makes it a party to the cause. The administrator who gets the authority shall inform without delay the other administrator of his approach.
§ 4. The administrator of estates may be specially authorized by the Justice of the peace to dispose by donation if the protected person is incapable of expressing his will and the determination to give expressly appears by the declaration referred to in article 496, paragraph 2, or of written statements or oral earlier of the person protected, made at a time where she was able to express its will. The donation must be in relation to the heritage of the protected person and may also threaten to indigence or it or its maintenance creditors. Sections 1241 and 1246 of the Judicial Code shall apply. ».
S. 92. in the same subsection 3, it is inserted an article 499/8 read as follows: «art.» 499/8. The sale of the property movable or immovable property of the protected person takes place in accordance with the provisions of part IV, book IV, chapters IV and V, of the Judicial Code. ».
S. 93. in the same subsection 3, it is inserted article 499/9 read as follows: «art.» 499/9. The memories and other personal objects are, unless absolutely necessary, excepted the alienation and kept at the disposal of the person protected until the end of the legal protection measure.
The housing of the protected person and chattels furniture which it is filled must remain available as long as possible. If it becomes necessary or if it is of the interest of the protected person, especially in the event of hospitalization or expulsion of long-term, to have the rights y related, permission from the Justice of the peace is necessary for that purpose.
In any case, the protected person who has required discernment and his person and his administrator of the person are invited to be heard, if they wish, before permission can be granted. ».
S.
94. in the same subsection 3, it is inserted a section 499/10 read as follows: «art.»
499/10. ÷ the exception of joint, the administrator cannot acquire the property of the protected person, either directly or by person interposed, except with permission granted in accordance with the procedure laid down in article 1250 of the Judicial Code or under the Act of May 16, 1900, with modifications to the regime succession of small inheritances, the law of August 29, 1988 concerning succession of farms to promote continuity, special justice of the peace , or in the context of a judicial or amicable share approved pursuant to section 1206 of the Judicial Code.
It may take to lease the property of the person protected only with the approval of the Justice of the peace, obtained on written request. In this case, Justice of the peace in its order determines the conditions of this rental and special guarantees related to the lease so voluntary. ».
S. 95. in the same subsection 3, it is inserted an article 499/11 read as follows: «art.» 499/11. If no administrator of the person to decide on the residence of the protected person has been appointed, this residence can be changed only with the approval of the administrator of estates. In case of refusal, the protected person or any interested person may apply to the Justice of the peace, in accordance with the procedure laid down in article 1252 of the Judicial Code. Justice of the peace shall rule on the interests of the protected person.
».
S. 96. in the same subsection 3, it is inserted an article 499/12 worded as follows: «art.» 499/12. The meanings and notifications to the employed an administrator are made these same people and domicile or residence of the administrator, provided the service or notification has a connection with the mission of the administrator. ».
S.

97. in the same subsection 3, it is inserted an article 499/13 read as follows: «art.»
499/13. All actions taken by the administrator in violation of article 499/7 are void in law.
This nullity may be invoked only by the protected person or an ad hoc administrator.
If the acts referred to in paragraph 1 have been authorized by the Justice of the peace under conditions, but has been made by the Administrator without respecting them, the invalidity of such acts may be invoked.
The nullity of the Act may be covered by the administrator, subject to the formalities prescribed for the doing of the Act to confirm.
The action in nullity is subject to the application of article 493/1.
When the protected person is permitted to render against its commitments, the reimbursement of what would have been, in consequence of these commitments, paid for the protection cannot in required, unless it is proved that what has been paid has turned to its advantage.
Void prejudicial point to liability actions which may belong to the person protected from its administrator. ».
S. 98. in the same subsection 3, it is inserted a section 499/14 as follows: «art.» 499/14. § 1. Justice of the peace determines when where or the circumstances in which and the manner in which the administrator of the person shall report.
In the absence of indications in the order referred to in article 492/1, § 1, the administrator made, every year, report in writing to the judge of peace, the protected person and his trusted person and its administrator of estates. Justice of the peace may dispense with the administrator to transmit this report to the protected person, if it is not able to become acquainted.
This written report includes at least the following: 1 ° the name, surname and domicile or residence of the administrator, or its name and its headquarters.
2 ° the name, surname and domicile or residence of the protected person and the person of confidence;
3 ° the framework of life of the protected person;
4 ° the measures taken by the administrator to improve the well-being of the person protected.
5 ° the manner in which the administrator has associated with the protected person and, where appropriate, his person and his administrator of estates for the accomplishment of its mission and has taken account of their opinions;
6 ° if applicable, the manner in which the administrator account remarks made by Justice of the peace during a previous report.
Justice of the peace mark its approval at the bottom of the report. Remarks or comments which the administrator of the person must be considered in the future are passed.
§ 2. The administrator of estates shall annually provide a written report to the Justice of peace, the protected person and to his person and his administrator of the person. However, Justice of the peace can provide the administrator to transmit this report to the protected person, if it is not able to become acquainted.
This written report includes at least the following: 1 ° the name, surname and domicile or residence of the administrator, or its name and its headquarters.
2 ° the name, surname and domicile or residence of the protected person and, where appropriate, the person of confidence;
3 ° the accounts containing at least a summary of the status of the assets managed at the beginning and at the end of this period;
4 ° the manner in which the administrator has associated with the protected person and, if applicable, its administrator of the person and the person's confidence in the exercise of his mission and took into account their opinion;
5 ° the material living conditions of the protected person;
6 ° if applicable, the manner in which the administrator account remarks made by Justice of the peace during a previous report.
It is attached to the report a photocopy of the last statement of account designed to support the balances mentioned therein as well as, where appropriate, an attestation of the financial institution relating to the capital.
The administrator shall keep accounts simplified to a minimum on the movements of local cash and accounts. Justice of the peace may, however, given the nature and extent of the heritage to manage, provide the administrator of this obligation.
Justice of the peace approves the report in minutes. There are reservations and remarks which the administrator must take into account.
If there are serious indications of deficiencies in the accounts or if there is some complexity in the accounts, the Justice may appoint a technical expert to give a technical advice on the account. Justice of the peace can put the cost of the Adviser in charge of the administrator if it has clearly failed in his obligation to report or in the exercise of his mission.
If the Justice of the peace has designated several administrators, it sets the way they do the report referred to in paragraph 2.
§ 3. The report and the minutes are attached to the administrative file referred to in article 1253 of the Judicial Code.

§ 4. The King determines a written report and simplified accounting model. ».
S.
99. in the same subsection 3, it is inserted an article 499/15A as follows: «art.»
499/15. During the administration, the administrator of estates may request the magistrate to appoint an ad hoc administrator to oversee the accounts of the administration already filed and, where appropriate, to grant the discharge on behalf of the protected person. The procedure laid down in article 1250 of the Judicial Code shall apply. Possible charges are responsibility of the administrator. ».
S.
100. in the same subsection 3, it is inserted an article 499/16 worded as follows: «art.»
499/16. When it is necessary for the replacement of the administrator, the accounts are closed on the date on which the new Administrator accepts its mission. ».
S. 101. in the same subsection 3, it is inserted an article 499/17 as follows: «art.» 499/17. § 1.
In the month of termination of the mission of the administrator of the person, the final report, established in accordance with article 499/14, § 1, is handed over in the presence of the Justice of the peace, for approval, to the person whose legal protection measure has been terminated or the new administrator of the person. The report is also submitted to the administrator of estates and the person of confidence. Justice of the peace may, however, provide the administrator of the person to transmit this report to the protected person, provided that it is not able to read.
It is prepared a report noting that the report has been presented and approved or disapproved. Where appropriate, there is mention of the grounds for the refusal of approval of the report.
§ 2. If the Justice of the peace shall terminate the mission of the administrator of property by an order referred to in article 492/4, paragraph 1, or 496/7 or if the legal protection measure is ending right under article 492/4, paragraph (3), Justice of the peace the administrator of estates to file at the registry, within one month of the date of termination of the mission mentioned in the order a final report in accordance with article 499/14, § 2, as well as an inventory of the movable property.
If the peace judge puts an end to the mission of one of the administrators of the goods which have been designated in accordance with article 496/4, § 2, he said in his order the modalities according to which the final report referred to in paragraph 1 must be done.
The order referred to in paragraph 1 also requires the administrator to transmit a copy of the final report and the inventory of movable property to the person for which the judicial protection measure ended or the new administrator of his property, as well as, where appropriate, to the administrator of the person and the person's confidence.
Justice of the peace said in its order, the day where and the time at which the administrator, the person for which the judicial protection measure has been terminated or the new administrator of his property, as well as, where appropriate, the administrator of the person and the person must appear in the Council Chamber. The order is notified to them by legal fold.
At day and time fixed, or not it is prepared a report noting the accountability, its approval and the discharge given to the administrator outgoing accounts has not yet been the subject of a discharge, in accordance with article 499/15. The minutes is signed by the appearing parties, the Justice of the peace and the Chief Registrar.
Any approval of final account prior to the date of the report referred to in paragraph 4 is zero.
If it gives rise to challenges, the account is rendered justice in accordance with article 1358 et seq. of the Judicial Code.
§ 3. The report and the minutes shall be paid to the administrative file referred to in article 1253 of the Judicial Code. ».
S. 102. in the same subsection 3, it is inserted a section 499/18 worded as follows: «art.» 499/18. As long as the final account has not been approved, no valid contract may be concluded between the person for which the measure of judicial protection has ended and the former administrator of his property.
On production of a certified copy conform by the clerk of the upright minutes, in accordance with article 499/17, § 2, paragraph 4, the new administrator of property or the person formerly protected the discharge of the guarantee provided by the administrator for safety of its management. ».
S. 103. in the same subsection 3, it is inserted an article 499/19 as follows:

«Art.» 499/19.
In the event of death of the person protected for the duration of the administration, Justice of the peace may authorize, ex officio or at the request of the administrator, of the person or of any person interested as well as King's Attorney, the administrator of estates, in the absence of heirs stakeholders, to continue its mission until two months after the death.
In this case, the powers of the administrator are limited to payment preferred claims mentioned in articles 19 and 20 of the mortgage law of December 16, 1851 that are earlier than the death of the protected person.
By way of derogation from article 499/17, § 2, the administrator files, during the period referred to in paragraph 1, its final report and account at the registry, where the heirs of the protected person and responsible notary of the declaration and the distribution of the estate can become acquainted. This provision shall apply without prejudice to the application of articles 1358 and following of the Judicial Code. ».
S. 104. in the same subsection 3, it is inserted a section 499/20 as follows: «art.» 499/20.
The approval of the account does prejudice point to liability actions which may belong to the person protected administrator. ».
S. 105. in the same subsection 3, it is inserted a section 499/21 as follows: «art.» 499/21. Any action of the protected person against its administrator relating to the facts and accounts of the authority are prescribed by five years from the end of the mission of the administrator. ».
S. 106. in the same subsection 3, inserted a section 499/22 as follows: «art.» 499/22. The administrator can destroy the parts relating to administration five years after the termination thereof.
By way of derogation from paragraph 1, the administrator may destroy all the parts that are not directly related to the requirements laid down by this Code, such as invoices or other correspondence, dating back over five years. ».
S. 107. in section 4, inserted by article 66, inserted a subsection 4 entitled 'of the authority exercised by the parents.
S. 108. in subsection 4, inserted by article 107, article 500, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 500. this sub-section shall apply if the Justice of the peace ordered a measure of judicial protection of representation under article 492/1, and appointed as administrator the father and mother of the protected person, or one of them.
».
S. 109. in the same subsection 4, it is inserted an article 500/1 as follows: «art.» 500/1. The provisions of subsection 3 shall apply by analogy, with the exception of the derogations provided for by this subsection. ».
S. 110. in the same subsection 4, it is inserted a section 500/2 as follows: «art.» 500/2. By way of derogation from article 499/14, the fixed justice, in the month following the time where the report referred to in article 499/6 has been paid to the administrative record, after hearing parents, the protected person and his trusted person, the moment where or the circumstances in which and the terms under which parents report.
».
S. 111. in the same subsection 4, it is inserted an article 500/3 as follows: «art.» 500/3. § 1. If both parents have been designated as administrators, they jointly exercise the authority.
Against third parties in good faith, each parent shall be deemed to act with the consent of the other parent when it performs only an Act concerning the management of the property of the protected person, subject to exceptions provided by law.
Disputes between parents are settled in the interests of the protected person focusing on the use of mediation in accordance with articles 1724 to 1737 of the Judicial Code and failing, in accordance with the procedure provided for by article 1252 of the Judicial Code.
§ 2. If a third party is administrator, conflicts between the third party and parents also designated as administrators are regulated in the interests of the protected person, in accordance with the procedure laid down by article 1252 of the Judicial Code. ».
S.
112. in the same subsection 4, it is inserted an article 500/4 read as follows: «art.»
500/4. The parent on whom the administrator mission ends, does account and doesn't surrender account, in accordance with article 499/17, at the express request of the person in respect of which the protection measure ended or the new administrator, in the month following the termination of his mission.
Articles 499/18 and 499/20-499/22 shall then apply.
Article 499/19 is applicable when the administration ends following the death of the protected person. By way of derogation from article 499/19, parents must realize and accountability, in the month following the death of the protected person, at the express request of the heirs of the. ».
S. 113. in section 4, inserted by article 66, inserted a subsection 5, entitled "the trusted person.
S. 114. in sub-section 5, inserted by article 113, article 501, repealed by Act of 10 October 1967, is restored in the following wording: «art.» 501. the person to be protected or protected has the right to be supported throughout the administration, by someone you trust has named personally.
The approval of the designation of the person is made, upon written or verbal request addressed to the Justice of the peace, by the protected person or to protect, by a third party in the interest, or by the Prosecutor of the King, at the beginning or in the course of the administration. Justice of the peace shall ensure in advance of his acceptance and statue by a specially reasoned order.
If the person designated in accordance with articles 496 and 496/1 accepted the person of trust, Justice of the peace peer designation, unless serious reasons arising out of the interest of the person protected and detailed in the reasons of the order doesn't prohibit to follow this choice.
If the protected person has not appointed personally by person of confidence, Justice of the peace may consider nevertheless approve the appointment of a trusted person, pursuant to paragraphs 2 and 3, or may designate a trusted person ex officio.
Article 1246 of the Judicial Code shall apply.
Cannot be designated as a person of confidence: 1 ° the administrator of the person protected.
2 ° the persons for which was taken a judicial or extra-judicial protection measure;
3 ° legal persons;
4 ° persons who, pursuant to section 32 of the Act of 8 April 1965 on the protection of youth, taking in charge minors who have committed an act classified as offence and to repair the damage caused by this fact, are totally fallen of parental authority;
5 ° If the administration is exercised by both parents or one of them, a relative of the person protected up to the second degree.
However, in exceptional circumstances, the Justice of the peace may derogate, by a specially reasoned order, at paragraph 6, 5 °, if it finds that it is in the interest of the protected person.
Justice of the peace may refuse the designation of the person on the basis of its criminal record extract.
In the interests of the protected person, he may designate several trusted people.
Where appropriate, it specifies the powers of the various people's confidence as well as detailed rules for the exercise of their jurisdiction.
».
S. 115. in the same subsection 5, it is inserted a section 501/1 as follows: «art.» 501/1. The protected person may waive at any time in support of the trusted person or designate another person to trust. The procedure is introduced by written or oral request.
Article 1246 of the Judicial Code shall apply.
Justice of the peace may, in the interest of the person to protect, at any time, decide by reasoned order, either ex officio or at the request of an administrator or the Attorney of the King, that the person can no longer perform its function. ».
S.
116. in the same subsection 5, it is inserted a section 501/2 as follows: «art.»
501/2. The person submits the protected person. It maintains, as far as possible, in close contact with the protected person and confers regularly with its administrator.
The person of trust receives all reports related to the administration. She is kept informed by the administrator of all actions relating to the administration and may collect from him all the information useful in this regard.
In the cases provided by law, the person expresses the wishes of the protected person, if the latter is not able to express itself.
The trusted person helps the person protected to express its opinion, if the latter is not able to express it independently.
If the person finds that the Administrator fails to its mission, she asked the Justice of the peace to review an order under article 492/1, in accordance with article 496/7.
If, in the exercise of his mission, the person causes damage to the protected person, she is responsible for that its fraud and serious negligence.
».
S. 117. in chapter II/1, inserted by article 52, it is inserted a section 5 entitled "by the end of the administration.
S. 118. in section 5, inserted by article 117, it

is inserted article 502, which is replaced by the following: «art.» 502 § 1.
The administration is terminated in the cases provided for in article 492/4.
§ 2. Without prejudice to article 499/19, the mission's administrator ends: 1 ° by the end of the administration.
2 ° by the death of the administrator or the dissolution of the private foundation;
3 ° with the placement of the administrator under a legal protection measure, in accordance with article 492/1;
4 ° by an extrajudicial measure against 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 ordered against the protected person a measure of extrajudicial protection referred to in articles 490 or 490/1, and in more the lifting of the extent of legal protection with respect to the protected person.
».
S. 119. in book I, title XI, chapter II, of the same Code, are repealed: 1 ° articles 503 and 504;
2 ° section 508;
3 ° sections 509 to 511, amended by the Act of 29 April 2001;
4 ° article 512.
S. 120. in book I, title XI, of the same Code, chapter III containing the articles 513-515 is repealed.
S. 121. in article 776 of the same Code, replaced by the law of 29 April 2001 and amended by the Act of 13 February 2003, the words "and prohibited" are repealed.
S. 122. article 817 of the Code, as amended by laws of April 29, 2001-May 9, 2007, is replaced by the following: «art.» 817. the action in sharing with respect to minor heirs or major declared unable to dispose of property under article 492/1 can be exercised by their guardian or administrator specially empowered for this purpose by the Justice of the Forum of the guardianship or administration. ».
S. 123. in article 819, paragraph 2, of the same Code, as amended by the laws of the May 10, 1960 and April 29, 2001, "prohibitions" shall be replaced by the words "of protected persons which, under article 492/1, have been declared unable to dispose of property.
S. 124. in article 838 of the same Code replaced by Act of 18 July 1991, the words "prohibitions, employed a temporary administrator under sections 488bis, A) k)," are replaced by the words "of protected persons which, under article 492/1, have been declared unable to dispose of property".
S. 125. article 905 of the Code, repealed by the law of July 14, 1976, was re-established in the following wording: «art.» 905. without prejudice to articles 903 and 904, the person who, on the basis of article 492/1, was declared unable to dispose, either by donation inter vivos or by will, may nevertheless do so after there have been authorized, at its request, by the Justice of the peace referred to in item 628, 3 °, of the judidiciaire Code.
Justice of the peace judge the ability of the protected person to express his will.
When, pursuant to paragraph 1, the Justice of the peace gives permission to the person protected by testament, it can test by deed, without having to submit the project to the Justice of the peace.
By way of derogation from paragraph 3, the Justice of the peace may authorize that the will be received in the international form when the form of authentic conditions referred to in article 972 cannot be met because of the physical inability of the protected person.
Justice of the peace may also refuse the authorization to dispose by donation if the donation threatens to indigence protected person or its maintenance creditors.
Sections 1241 and 1246 of the Judicial Code shall apply. ».
S. 126. in the same Code, article 908, repealed by the Act of 31 March 1987, is restored in the following wording: «art.» 908. the Administrator referred to in book 1, title XI, chapter II/1, and anyone who exercises a judicial warrant, cannot receive donation or bequest of the protected person or the person with respect to which they exercise this mandate. The same prohibition applies to ancestors or descendants of this Director or that legal representative, as well as spouse or her cohabiting legal.
The exceptions in article 909, paragraph 3, 2 ° and 3 °, shall apply by analogy. ».
S.
127. in section 935 of the same Code, amended by the law of April 29, 2001, the following changes are made: 1 ° in the paragraph 1, the words "or a banned" are repealed;
2 ° the paragraph 1 is supplemented by the following sentence: "a donation made to a protected person who, under article 492/2, has been unable to receive, must be accepted by the administrator in accordance with article 499/7, § 2, paragraph 1, 6 °.» »;
3 ° paragraph 2 is supplemented by the following sentence: "a protected person who, under article 492/1, needs assistance to accept a donation, can accept with the assistance of the administrator.".
S. 128. article 942 of the same Code, replaced by the law of July 14, 1976, is replaced by the following: "minors and protected persons which, under article 492/1, have been declared unable to receive donations, are point rendered against default of acceptance or transcript of donations, except their appeal against their guardians or their administrator , is it y proclaims, but without the refund can take place in the case even where the guardian or administrator would be insolvent. ».
S. 129. in article 1031, paragraph 1, of the same Code, as amended by the Act of May 9, 2007, 'prohibited or presumed absent' shall be replaced by the words "of protected persons which, under article 492/1, have been declared unable to accept the estate or heirs presumed absent.
S. 130. in article 1057 of the same Code, as amended by laws of December 15, 1949 and April 29, 2001, "whether they are minor or have been banned" shall be replaced by the words "if they are minors or have been declared unable to accept a succession under article 492/1" and the words "called major, minors or prohibited" by the words "major called". minors or protected under article 492/1.
S. 131. in section 1070 of the same Code, the word "banned" is replaced each time by the words "persons protected under article 492/1".
S.
132. in article 1124 of the same Code replaced by Act of April 30, 1958, "the banned" shall be replaced by the words "persons protected under article 492/1".
S.
133. in section 1125 of the same Code, replaced by Act of April 30, 1958, the following changes are made: 1 ° in the paragraph 1, the words "prohibited" are replaced by the words "the person protected under article 492/1 ';
2 ° in paragraph (2), "prohibited" shall be replaced by the words "the person protected under article 492/1".
S.
134. in article 1304 of the same Code, amended by the law of July 14, 1976, paragraph 3 is replaced by the following: "the only short time, against acts done by minors, the day of the majority.".
S. 135. in section 1312 of the same Code, replaced by Act of April 30, 1958, the words "or taboos" and the words "or the prohibition" are repealed.
S. 136. in section 1314 of the same Code, the words "or of the prohibited" and the words "or before the ban" are repealed.
S. 137. in Book III, title V, chapter Ier, the same Code, it is inserted an article 1397/1 as follows: «art.» 1397/1. The protected person who is unable to conclude a contract of marriage under article 492/1 may conclude a marriage contract and modify their matrimonial regime after graduating, at his request, the authorization of the Justice of the peace on the basis of the draft prepared by the notary.
Sections 1241 and 1246 of the Judicial Code shall apply.
In special cases, the Justice of the peace may authorize the administrator to act alone, or allow it to assist the protected person. The procedure laid down in article 1250 of the Judicial Code shall apply. A copy of the deed project is attached to the request. ».
S.
138. in article 1426, § 4, of the same Code, 'Article 1253 of the Judicial Code' shall be replaced by the words 'article 1249 of the Judicial Code.
S. 139. in article 1428, paragraph 2, of the same Code, replaced by the law of April 29, 2001, the words "incapable" are replaced by the words "protected persons who have been declared unable to dispose of property under article 492/1.
S. 140. article 1475, § 2, of the same Code, restored by the Act of 23 November 1998, is complemented by three paragraphs worded as follows: ' the person expressly declared unable to make a declaration of legal cohabitation under article 492/1, § 1, paragraph 3, 10 ° may, at his request, nevertheless be authorized by Justice of the peace referred to in item 628. , 3 °, of the Judicial Code to make a declaration of legal cohabitation.
Justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code shall apply. ».
S. 141. article 1476, § 2, of the same Code, restored by the Act of 23 November 1998, is complemented by three paragraphs worded as follows: ' the person expressly declared unable to make a declaration of legal cohabitation under article 492/1, § 1, paragraph 3, 10 ° may, at his request, be authorised by the Justice of the peace referred to in article 628, 3 ° '. , of the Judicial Code to terminate the legal cohabitation.
Justice of the peace appreciates the ability of the protected person to express his will.
Sections 1241 and 1246 of the Judicial Code shall apply. ».
S. 142. in the 1676 article,.

paragraph 2, of the same Code, as amended by the law of 13 February 2003 and 9 May 2007, the word 'prohibited' is replaced by the words "persons protected under article 492/1".
S. 143. in article 2003 of the Code, amended by the law of December 15, 1949, the following changes are made: 1 ° the 'prohibition' words are repealed;
2 ° article is supplemented by the following: "when the principal found in the State referred to in article 488/1 or 488/2 and that the mandate does not meet the requirements provided for in articles 490 and 490/1, § 1.
S. 144. in article 2045 of the same Code, as amended by laws of December 15, 1949 and April 29, 2001, the following changes are made: 1 ° in paragraph 2, the words "or incapable" are repealed;
2 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: ' for the person who has been declared incapable of compromise under article 492/1, the administrator cannot compromise that in observing the forms prescribed in article 499/7, § 2, paragraph 1, 10 °, and, after the end of its mission, it cannot compromise on the administrative account in accordance with article 499/18.»
S. 145. in article 2252 of the same Code, the word "banned" is replaced by the words "protected persons in relation to the acts for which they have been declared incapable, by virtue of article 492/1".
S.
146. in article 2278 of the same Code, the word "banned" is replaced by the words 'persons protected under article 492/1' and 'their tutors' shall be replaced by the words "their guardians or their administrator.
CHAPTER 3. -Changes in Book III, title VIII, chapter II, section 2A of the civil Code as regards rules peculiar to commercial leases s.
147. in article 16, III, section 2A of Book III, title VIII, chapter II, of the civil Code, as last amended by the Act of May 9, 2007, "prohibited" shall be replaced by the words "the protected person who has been unable to conclude a lease under article 492/1 of the civil Code.
CHAPTER 4. -Changes of the Code of criminal investigation article 148. article 145 of the Code of criminal procedure, amended by the law of July 10, 1967 and July 11, 1994, is supplemented by a paragraph worded as follows: 'the meaning to the employed an administrator is made to that person and domicile or residence of the administrator.
».
S. 149. in article 182, paragraph 1, of the same Code, between the first and the second sentence, as last amended by the law of December 30, 2009, it is inserted a sentence read as follows: "the quote to the employed an administrator is also made at home or at the residence of.".
CHAPTER 5. -Changes of the Code penal Art.
150. in article 31, paragraph 1, 5 °, of the penal Code, replaced by the law of 29 April 2001 and amended by the Act of May 9, 2007, the words "of Judicial Council" are repealed and the words ' administrator' are replaced by the words "administrator of a person who is protected under article 492/1 of the civil Code.
S. 151 ÷ article 460bis of the Code, inserted by the law of 14 January 1928, words ", the trustee or the Judicial Council" shall be replaced by the words "or the trustee.
CHAPTER 6. -Modification of the Decree-Law of November 14, 1939, relating to the Suppression of drunkenness s. 152. in article 10, paragraph 1, 1 °, of the law-decree of 14 November 1939 concerning the Suppression of drunkenness, replaced by the law of 15 April 1958 and amended by the Act of 1 August 1963, the words ', guardian and Judicial Council"shall be replaced by the words"and guardian ".
CHAPTER 7. -Modification of the Code registration fees, mortgage and registry arts. 153. in article 162 of the Code of registration fees, mortgage and registry, the following changes are made: 1 ° in 18 °, replaced by the law of 18 July 1991, the words «articles 488bis, A) k), of the civil Code "shall be 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 ", extended minors or prohibitions" are repealed.
CHAPTER 8. — Amendment of December 19, 1939 coordinated laws on family allowances for employed persons art. 154. in article 69, § 3, paragraph 1, the coordinated laws of December 19, 1939 relating to family allowances for employed persons, as amended by the law of 24 December 2002 and 29 March 2012, the word "provisional" is repealed.
CHAPTER 9. -Changes of Code judiciary art. 155. in article 594 of the Judicial Code, as last amended by the law of 24 December 2002, the following changes are made: 1 ° in 6 °, the words ', minors extended and taboos,"are repealed;
2 ° in 16 °, the words "(488bis, A) (in K)," are replaced by the words ' 490 to 501/2 '.
S. 156. in article 598 of the same Code, replaced by the law of 18 July 1991 and amended by the Act of May 9, 2007, 1 ° is replaced by the following: '1 ° to public sales of real estate and shares which are interested in minors, protected persons who have been declared incapable under article 492/1 of the civil Code. and alleged missing persons interned by application of the internment of people with a mental disorder Act of April 21, 2007; ».
S. 157. in article 623 of the Code, replaced by the law of 3 May 2003, paragraph 2 is replaced by the following: "the Justice of the peace may, with the assistance of the clerk, visit apart from its canton to the persons involved in the application referred to article 594, 16 °. Travel expenses are the responsibility of the person to be protected or protected. ».
S. 158. in article 628 of the same Code, 3 °, replaced by the law of 3 May 2003, is replaced by the following: «3 ° the judge's residence or, failing this, the domicile of the person to be protected, when it comes to a request referred to in articles 490/1-490/3 or 492/1 of the civil Code. ". Justice of the peace ordered a protection measure remains responsible for the subsequent implementation of the provisions of book I, title XI, chapter II/1, sections 3 and 4, of the civil Code, unless it has, by decision motivated, determined, ex officio or at the request of the protected person, of his person or his administrator or of any interested person or the Attorney of the King to relinquish jurisdiction in favour of the Justice of the canton of the new residence, when the protected person left the canton to install his main residence in a sustainable manner in another judicial canton. In this case, it is this last which becomes competent judge.
».
S. 159 ÷ article 757, § 2, of the same Code, inserted by the law of June 2, 2010, the following changes are made: 1 paragraph 1 °, 4 ° and 5 ° are repealed;
2 ° in 1 paragraph 9 is replaced by the following: «9 ° judicial proceedings relating to the protection measures referred to in part IV, book IV, chapter X ';
3 ° paragraph 2 is supplemented by the following: ", except in relation to the procedures referred to in paragraph 1, 9 °.» ».
S.
160. in article 764, paragraph 1, 2 °, of the same Code, as amended by the Act of May 9, 2007, the words "or a banned" are repealed.
S. 161. in article 828, 8 °, of the same Code, amended by the law of 10 June 2001, the words "provisional administrator or judicial Council" shall be replaced by the word "Director".
S. 162. in section 830 of the same Code, the words ", provisional administrator or the Judicial Council" shall be replaced by the words "or the administrator.
S. 163. in section 1150 of the same Code, as last amended by the Act of 18 July 1991, the following changes are made: 1 ° in the paragraph 1, the words "or placed under judicial Council" are repealed;
2 ° in paragraph 2, the words "or are prohibited" shall be replaced by the words 'or if it is a protected person who, by virtue of article 492/1 of the civil Code, was declared unable to dispose of property';
3 ° paragraph 3 is repealed;
4 ° in paragraph 4, the word "provisional" is repealed.
S. 164. in article 1180, 1 °, paragraph 2, of the same Code, as amended by the Act of 22 November 2002, "equipped with a judicial Council" shall be replaced by the words «with respect to which the Justice of the peace ordered a measure of protection referred to in article 492/1 of the civil Code» and the words ', administrator' shall be inserted between the words "their trustee" and the words "or Council.
S. 165. in article 1186, paragraph 1 of the same Code, replaced by the law of 29 April 2001 and amended by laws of May 3, 2009-may 9, 2007, the words "prohibitions or individuals equipped with a provisional Administrator pursuant to articles 488bis, A) k), of the civil Code» are replaced by the words"or to persons protected which ". by virtue of article 492/1 of the civil Code, have been declared unable to dispose of property.
S. 166. in article 1187 of the same Code, as amended by laws of April 29, 2001 and 9 May 2007, the following changes are made: 1 ° in the paragraph 1, the words "prohibitions, employed a temporary administrator under sections 488bis, A) k), of the civil Code" shall be replaced by the words ' people protected who, under article 492/1 of the civil Code. ', have been declared unable to dispose of property ";

2 ° in paragraph 2, the words 'prohibitions or employed a provisional administrator' are replaced by 'administrators of protected persons which, under article 492/1 of the civil Code, have been declared unable to dispose of property.
S. 167. in article 1194, paragraph 3 of the same Code, as amended by the laws of the 29 April 2001-May 3, 2003, the words "" and 488bis, f), §§ 3 and 4» are replaced by the words "499/7, § 2, and 499/9.
S.
168. in section 1195, paragraph 3, of the same Code, as 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.
S.
169. in section 1197 of the same Code, as amended by laws of April 29, 2001 and may 3, 2003, the words "" and 488bis, f), §§ 3 and 4» are replaced by the words "499/7, § 2, and 499/9.
S. 170. in article 1204bis of the Code inserted by the law of April 29, 2001, the word "banned" is replaced by the words "protected persons declared incapable, by virtue of article 492/1 of the civil Code, to dispose of furniture".
S. 171 article 1225 of the same Code, amended by laws of 18 July 1991 and 9 May 2007, the words "prohibited, persons with a temporary administrator under sections 488bis, A) k) of the civil Code" are replaced by the words "protected persons declared unable under article 492/1 of the civil Code, to dispose of property.
S.
172. in section 1231-5 of the same Code, 2 °, repealed by Act of 27 December 2004, is restored in the following wording: «2 ° the opinion of the person, if the Court found by minutes, under article 348-1, paragraph 2, of the civil Code, that the protected person is incapable of expressing his will;
S. 173. in section 1231-10, paragraph 1 of the same Code inserted by the Act of 24 April 2003 and amended by the Act of June 2, 2010, it is inserted a 3 ° 1 worded as follows: "3 ° 1 person who, by the minutes referred to in article 348-1, paragraph 2, of the civil Code, was deemed incapable of expressing his will or his trusted person;
S.
174. in section 1231-16 of the same Code inserted by the law of April 24, 2003, the following changes are made: 1 ° in paragraph 2, the words "minor extended or prohibited," are repealed;
2 ° article is supplemented by a paragraph worded as follows: "the adopted which, pursuant to section 348-1, paragraph 2, of the civil Code, held by minutes, unable to express his will, is represented by its managing. ''
S. 175. in section 1231-17 of the same Code inserted by the law of April 24, 2003, the following changes are made: 1 ° in paragraph 2, the words "minor extended or forbidden" are repealed;
2 ° article is supplemented by a paragraph worded as follows: "the adopted which, pursuant to section 348-1, paragraph 2, of the civil Code, held by minutes, unable to express his will, is represented by its managing. ''
S.
176 in 1231-48, paragraph 2, of the same Code inserted by the Act of 24 April 2003, the words ', minor extended or forbidden "are repealed.
S. 177. in article 1236bis, § 1, paragraph 2, of the same Code, replaced by the law of February 13, 2003, the words "chapter Ierbis" shall be replaced by the words "chapter II/1" and the word "provisional" is every time repealed.
S.
178. in part IV, book IV of the Code, the title of chapter X is replaced by the following: "chapter X. Of protected persons.
S. 179. in the fourth part, book IV, chapter X, the same Code, before section 1238, inserted a 1st section, entitled "judicial protection".
S. 180. Section 1238 of the same Code is replaced by the following: «art.» 1238 § 1. ÷ the request of the person to protect, by any interested person or the Attorney of the King, a measure of judicial protection referred to in article 492/1 of the civil Code may be ordered.
By way of derogation from paragraph 1 of the only person to protect, her parents, her husband, her cohabitant legal, the person with whom it lives together maritally, a member of the immediate family or agent referred to in articles 490 490/1 of the civil Code may be asked or a measure of judicial protection where the protected person is in the situation referred to in article 488/2 of the civil Code.
§ 2. The same person may have introduced only a maximum of two applications referred to the § 1 in the ten years prior to the introduction of the last request if the Justice of the peace refused to accede to a request based on the same reasons during the same period. ».
S. 181. article 1239 of the Code is replaced by the following: «art.» 1239. the Justice of the peace may also order Snapback of office: 1 ° if seized of an application referred to in articles 5 § 1, and 23 of the Act of 26 June 1990 on the protection of the mentally ill person or if a detailed report, referred to in articles 13, 14 and 25 of the same Act is passed.
2 ° If the detention of a person ordered;
3 ° in the cases referred to in articles 490/1 § 2 and 490/2, § 2, paragraph 1 of the civil Code.
In the case referred to in paragraph 1, 2 °, the protective measure is ordered by separate order.
The Crown shall forthwith the internment decision to the knowledge of the competent justice of the peace.
».
S. 182. article 1240 of the same Code is replaced by the following: «art.» 1240. the protective measure is required by unilateral application, in accordance with articles 1026 to 1034.
By way of derogation from article 1026, the request is signed by the party or his counsel.
The request referred to in paragraph 1 contains, in addition to the particulars provided for in article 1026: 1 ° the degree of relationship or the nature of the relationship between the applicant and the person to be protected;
2 ° the name, surname, residence or domicile of the person to protect and, where appropriate, of his father and his mother, spouse, of living legal, provided that the protected person to live with them, or the person with whom it lives together maritally or, where appropriate, the name and registered office of the private foundation dedicated exclusively to the protected person.
The request must be accompanied by proof of residence of the person to protect dating from more than fifteen days.
The motion mentions in addition, wherever possible: 1 ° the place and date of birth of the person to be protected;
2 ° the nature and composition of assets to manage;
3 ° the name, surname and residence of the members of the family major of the nearest degree, without however going back further than the second degree;
4 ° the name, surname and domicile of persons who may serve as trustworthy person;
5 ° the living family, moral and material conditions which knowledge could be useful to the Justice of the peace for the appointment of an administrator.
If the application is incomplete, the Justice of the peace invites the applicant to complete it within eight days.
The request may also contain suggestions for the choice of the administrator to appoint, as well as on the nature and the scope of its powers.
The King establishes a query template in which the applicant shall describe, using a questionnaire, the social network of the protected person. ».
S. 183. article 1241 of the same Code is replaced by the following: «art.» 1241 ÷ less that the application is based on article 488/2 of the civil Code and except in an emergency, is attached to the request, under penalty of inadmissibility, a detailed medical certificate not older than 15 days and describing the State of health of the person to be protected.
The King establishes a form type of medical certificate detailed to be completed by the physician at the time where he examines the person.
This form specifies at least: 1 ° if the protected person can move, and, if so, if it is shown that it moves, taking into account its status.
2 ° the State of health of the person to be protected;
3 ° the impact of this condition on the sound management of its heritage interests or another.
With regard to the interests of nature, it is mentioned, in particular, if the protected person is still able to take note of the report of the management;
4 ° the care normally implied by such a State of health;
5 ° the consequences of health status found may 22, 2011 on the operation, according to the International Classification of functioning, disability and health adopted by the fifty-fourth World Health Assembly of the (AMS).
This medical certificate may not be issued by a doctor parent ally of the protected person or the applicant, or attached to a title any to the establishment in which the protected person is located.
When, in an emergency, no medical certificate is attached to the request, the Justice of the peace checks whether the urgency grounds is proven. If so, the Justice of the peace means a medical expert who shall issue an opinion on the State of health of the person to be protected in accordance with paragraph 2.
If the applicant is absolutely impossible to attach to the request the medical certificate referred to in paragraph 1, he gives specific reasons in the request and justify why a measure of judicial protection seems it indicated. Justice of the peace who believes, by an order expressly, that the condition of absolute impossibility is met and the query contains sufficiently serious reasons that could justify a measure of protection, means a medical expert who shall issue an opinion on the State of health of the person to be protected in accordance with paragraph 2. ».

S. 184. article 1242 of the same Code, replaced by the law of April 29, 2001, is replaced by the following: «art.» 1242. without prejudice to article 7, § 1, of Act of 26 June 1990 on the protection of the mentally ill person, the Registrar may, upon receipt of the request, ask the Bâtonnier of the bar association or the legal aid bureau to commit a counsel ex officio at the request of the person to protect, by any interested person or the Attorney of the King.
Justice of the peace decides in the light of the circumstances of each case if counsel costs referred to in paragraph 1 shall be charged to the claimant or protected person, unless the claimant or protected person meets the conditions referred to in article 508/13 to benefit from complete or partial legal aid of second line free.
In case of rejection of the request, the costs referred to in article 1018, paragraph 1, 6 °, are paid by the applicant, if it does not meet the conditions referred to in article 508/13 to benefit from complete or partial legal aid of second line free. In the case where the application leads to a measure of protection, the costs referred to in article 1018, 6 °, shall be paid by the person protected even, if it does not meet the conditions referred to in article 508/13 for benefit from complete or partial legal aid of second line free.
Justice of the peace at the same time checks whether a declaration containing the choice of an administrator and someone you trust was registered in the central register kept by the Royal Federation of Belgian notaries and request, where appropriate, to the notary or clerk who enacted the declaration to transmit a copy of this statement. ».
S. 185. article 1243 of the same Code, repealed by Act of April 29, 2001, is restored in the following wording: «art.» 1243 § 1.
The person to protect and, where applicable, his father and his mother, spouse, cohabitant legal, adult children of the person to be protected, provided that the protected person to live with them, or a person cohabiting with the person to be protected are convened by the clerk, by judicial fold, to be heard by the Justice of the peace where appropriate in the presence of the person of trust and the representative of the person to be protected. It is prepared minutes of the hearing.
The legal fold are joined by a copy of the request as well as, where appropriate, a copy of the declaration referred to in article 496 of the civil Code.
The legal envelope addressed to the person to protect mentions the name and address of the appointed lawyer and mentioned that the protected person has the right to choose another lawyer and to be assisted by a doctor.
Persons convened by judicial fold in accordance with paragraph 1, become by the convening parties to the cause, unless they were opposed at the hearing. The Clerk shall notify the parties in the legal fold.
The other members of the family may attend the hearing in person and ask to be heard. They can also send comments to the Justice of the peace, in writing, until the day of the hearing. The clerk informs, by judicial fold, the members of the family referred to in the application for the introduction thereof as well as the place and time where the person to be protected will be heard.
It was taken in accordance with the provisions of this section in the case of proposed measure of office by Justice of the peace.

§ 2. Until the day of the hearing, the person to be protected, accompanied, if it wishes, the trustworthy person, may apply to be heard individually by the Justice of the peace in the Council Chambers, before the other parties to the case.
If the protected person is incapable of expressing his will and the person of trust application, no later than the day of the hearing, to be heard individually in the Council Chamber before the other parties to the case, Justice of the peace is right less than publicize his refusal by reasoned order. ».
S. 186. article 1244 of the same Code, amended by the acts of the June 24, 1970, 2 July 1974-29 April 2001, is replaced by the following: «art.» 1244 § 1. Justice of the peace surrounds himself with all relevant information; He may designate a medical expert who will give his opinion on the State of health of the person to be protected.
Justice of the peace also collects useful information from the entourage of the protected person, including including her parents up to the second degree, as well as people who take daily care of the protected person or accompanying it.
Justice of the peace may also hear any person able to inform. If necessary, the Registrar address the convening by judicial fold.
It is prepared minutes of the information collected.

§ 2. Justice of the peace can go to where the protected person resides or where it is located. It is prepared minutes of his visit. ».
S. 187. article 1245 of the same Code is replaced by the following: «art.» 1245. the Registrar shall notify the designated, under judicial cover decision within three days of delivery. The administrator is informed in writing within eight days of its designation if he accepts it. This writing is filed on the record of the proceedings.
÷ non-acceptance provided for in paragraph 1, the Justice of the peace means Office another Director.
Within three days of receipt of the acceptance, the Registrar shall notify decision, under judicial cover, the parties.
A unsigned copy is, where appropriate, addressed to the person of confidence of the protected person and counsel for the parties. ».
S. 188. article 1246 of the same Code is replaced by the following: «art.» 1246 § 1.
Without prejudice to the provisions of the civil Code requiring or authorizing the referral of office of judge, claims based on article 628, 3 °, and on 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 introduced by request.
§ 2. 1026 to 1034 articles shall apply, subject to the following provisions.
The request is signed by the party or his counsel.
The protected person, the administrator and, where applicable, the person of confidence are summoned to be heard by the judge.
Justice of the peace may designate a medical expert who will give his opinion on the State of health of the protected person. Justice of the peace collects all relevant information and can hear all those that he thinks can enlighten. Justice of the peace where appropriate, collects all information from people that support the daily care of the protected person or that accompany in these care the person protected and his entourage.
Persons convened or heard in accordance with the provisions of this section become parties to the cause, unless they were opposed at the hearing. The Clerk shall notify the parties in the legal fold. ».
S. 189. article 1247 of the Code is replaced by the following: «art.» 1247. in cases where the law allows the referral of office by Justice of the peace, it is established a record. For the rest, shall be made in accordance with the provisions of this chapter. ».
S.
190. article 1248 of the Code is replaced by the following: «art.» 1248. an administrative file referred to in section 3 is made in the registry of the justice of the peace for each protected person. ».
S.
191. article 1249 of the same Code, replaced by the law of June 2, 2010, is replaced by the following: «art.» 1249. any decision ordering a protection measure, terminating or amending it is to the diligence of the clerk inserted by extract in the Moniteur belge.
The publication must be made within 15 days of acceptance by the administrator; officials to whom the failure or delay is attributable are liable to the persons concerned, if it is proved that the delay or omission is the result of collusion. ».
S. 192. in the same Code, it is inserted an article 1249/1 as follows: «art.» 1249/1. Within the period of 15 days referred to in article 1249, paragraph 2, an extract from the decision is notified by the care of the Clerk to the Mayor of the domicile of the person protected, in order to be recorded in the register of the population. The mayor shall issue an extract from the population register stating the name, address and the State of a person's ability, as well as the identity of the administrator, the same person or any third parties showing interest.
».
S. 193. in the same Code, it is inserted a section 1249/2 as follows: «art.» 1249/2. The King may prescribe other publicity measures to be taken in the interest of third parties.
».
S. 194. before section 1250 of the same Code, there shall be inserted a section 2, entitled 'of the administration ".
S. 195 section 1250 of the Code is replaced by the following: «art.» 1250. without prejudice to provisions to the contrary, article 1246, § 2, applies to claims based on articles 490/2, § 1, paragraph 4, 496/7, paragraph 1, 497/4, paragraph 2, 499/7, §§ 1 et2, 499/10 and 1397/1, paragraph 3, of the civil Code. If necessary, article 1247 is application.
By way of derogation from article 1246 § 2, Justice of the peace request the opinion of the protected person, the person's confidence and its administrator. He may convene the protected person, the person's confidence and its administrator to hear in the Council Chambers. With the agreement of the protected person, the person may request to be heard individually. It is issued a notice

of this hearing. Justice of the peace, however, is not required to seek the advice of the person protected if it is in a State of health that appears on the list referred to in article 492/5, paragraph 1, of the civil Code or is it considers, because of evidence of fact established by minutes motivated, is not in a State to give its opinion.
People whose justice demand notice, in accordance with this article, become party to the cause, unless they were opposed at the hearing.
The legal fold reproduces the text of this article. ».
S. 196. article 1251 of the same Code, replaced by the law of April 29, 2001, is repealed.
S. 197. article 1252 of the same Code is replaced by the following: «art.» 1252 § 1. All queries based on articles 490/2, § 1, last paragraph, 497/3, § 1 and 500/3, § 1, paragraph 3, and § 2, of the civil Code are dealt with by the Justice of the peace.
§ 2. 1026 to 1034 articles shall apply subject to the following provisions.
The request is signed by the party or his counsel.
Justice of the peace immediately ordered the convening of stakeholders. The convening by the clerk is sent to the parties within five days.
The appearance took place in the months following the convening.
Justice of the peace attempts to reconcile the parties. Where appropriate, Justice of the peace records the conciliation agreement in a report signed by the parties concerned.
The expedition of the minutes is covered with the enforceable formula.
If the attempt at conciliation fails, the Justice of the peace rule the dispute in eight days by reasoned order.
§ 3. Until the day of the hearing, the person to be protected, accompanied, if it wishes, the trustworthy person, may apply to be heard individually by the Justice of the peace before the other parties to the case.
If the protected person is incapable of expressing his will and the person of trust application, no later than the day of the hearing, to be heard individually before the other parties to the case, the Justice of the peace this claim less than publicize his refusal by reasoned order.
».
S. 198. before article 1253 of the Code there shall be inserted a 3 section entitled "of the administrative file.
S. 199. article 1253 of the same Code, as amended by the law of July 5, 1976, is replaced by the following: «art.» 1253. for each protected person is held at the registry of the justice of the peace a record which includes: 1 ° a certified copy of the order to add an administrator to the person protected.
2 ° the report describing heritage to manage and sources of income of the protected person;
3 ° the reports filed each year and within thirty days of the end of the mission of the administrator;
4 ° a copy of all orders finals handed down as part of the administration, as well as those eventually handed down in appeal;
5 ° all other documents, such as correspondence and other documents coming to the registry, on condition that they should not be classified in the folder of the procedure, in accordance with article 721;
6 ° a certified copy of the minutes in which the administrator expresses its preference for the appointment of an administrator in case he would no longer able to continue to exert itself this function;
7 ° a copy of the minutes of conciliation established pursuant to article 1252, paragraph 4.
It is attached to the administrative record an inventory of parts, maintained by the Registrar and stating the filing date, the registration number and the nature of these parts.
The administrative record is kept in the registry for a period of five years after the end of the administration. After this time, it will be destroyed.
If the place of administration is changed, the Clerk shall transmit the administrative record to the new judge of competent peace, in accordance with article 628, 3 °, after the expiry of the appeal period.
Where necessary, the Registrar establishes certified copies of parts deposited in separate folders is justified. ».
S. 200. in book IV, chapter X, section 3, of the same Code, inserted a section 1253/1 as follows: «art.» 1253/1. § 1. The protected person, his person and his administrator so that King's Attorney for the duration of the administration, have the right to consult the administrative file referred to in article 1253 at the registry of the justice of the peace.
After the death of the protected person, this right will return to his heirs, to the Prosecutor of the King as well as the notary responsible for the liquidation and the distribution of his estate.
§ 2. Any person who wishes to consult the folder referred to the § 1 can make a request to that effect with the Justice of the peace in accordance with the procedure referred to in article 1250.
Justice of the peace highlights balance the rights and interests of the applicant at the exercise of the right of consultation and the rights and interests of the protected person and, in particular, their right to privacy. If the Justice of the peace complies with the request, it determines the documents in the file that the applicant may consult.
§ 3.
The persons referred to the § 1 are also entitled to a copy of the whole or a part of the administrative record.
Justice of the peace determines, in its order referred to in § 2, the person concerned has the right to obtain a copy.
The King may fix the maximum amount that may be claimed per copied page or by other media. » Art. 201. in article 1255 of the same Code, replaced by the law of 27 April 2007, in § 7, the words "dementia or in a serious state of mental imbalance" are replaced by the words "referred to in article 488/1, paragraph 1, of the civil Code ' and 'guardian, its provisional administrator' shall be replaced by the word"Director ".
S. 202. in section 1620 of the same Code, the words "or prohibited and the provisional administrator of the collocated in an institution for the insane or sequestered at home, person acting under the authority of a special authorization of the Council of family which is not subject to the approval" are repealed.
S. 203. in article 1680 of the same Code, as amended by the law of May 19, 1998, "of a judicial Council employed" is replaced by the words «persons» for which the peace judge ordered a measure of judicial protection referred to in article 492/1 of the civil Code.
CHAPTER 10. -Amendment of the law of 8 August 1983 organising a national register of natural persons art. 204. in section 3 of the Act of 8 August 1983 organising a national register of natural persons, amended by the acts of 24 May 1994, March 25, 2003, December 27, 2006 and 9 May 2007, it is inserted in the paragraph 1, 9 ° 1 worded as follows: «9 ° 1 the name, surname and the address of the administrator of property or the person referred to in the decision referred to in article 1249/1 of the Judicial Code;
».
CHAPTER 11. -Amendments to the law of March 28, 1984, on patents for invention art.
205. in article 60, § 1, 3 °, of the law of March 28, 1984, on patents for invention, as last amended by the law of January 10, 2011, "do not be banned or placed under judicial Council" shall be replaced by the words 'do not be a measure of judicial protection referred to in article 492/1 of the civil Code.
S. (206. in article 66, paragraph 1, 3) the same Act, the words "or has been banned or placed under judicial Council" are replaced by the words "or subject to a measure of judicial protection referred to in article 492/1 of the civil Code.
CHAPTER 12. -Amendment of the Code of Belgian nationality art.
207 ÷ article 7, paragraph 2, of the Code of Belgian nationality, the word "provisional" is repealed.
CHAPTER 13. -Amendment of the law of 13 June 1986 on the levy and the transplantation s.
208 ÷ article 10, § 2, paragraph 4, of the law of 13 June 1986 on the levy and organ transplantation, as last amended by the Act of February 25, 2007, the word "provisional" is repealed.
CHAPTER 14. -Amendment of the Act of August 29, 1988 the estate plan of agricultural holdings to promote continuity s. 209. article 2 of the Act of August 29, 1988 the estate plan of farms to promote continuity, amended by the law of April 29, 2001, is replaced by the following: «art.» 2. guardians of the minor or the protected person which have been expressly declared unable to dispose of property under article 492/1, § 2, paragraph 3, 1 °, of the civil Code, may exercise the right of recovery only with the approval of the Justice of the peace of the Forum of the guardianship or administration of the property. ».
CHAPTER 15. -Amendment of the Act of 26 June 1990 on the protection of the person of the mentally ill arts.
210. in article 21 of the Act of 26 June 1990 on the protection of the mentally ill person, amended by the acts of the July 18, 1991, 2 February 1994 and 13 June 2006, paragraph 1 is replaced by the following: ' As soon as measurement of peacekeeping, the minor is again entrusted to the person under the authority of which he was placed.'.
CHAPTER 16. -Changes of the Code of the 92 s. income tax 211. in article 93, 3 °, 92 income tax code, replaced by the Act of 4 May 1999, the following changes are made: 1 ° in a), the words "or prohibitions, where this transfer has been authorized by the family Council or a judicial proceeding" are replaced by the words ", when this assignment.

authorized by a judicial proceeding ".
2 ° b) is replaced by the following: «b) b) to individuals with an administrator pursuant to the provisions of part IV, book IV, chapter X, of the Judicial Code, with a special permission from the Justice of the peace;
S.
212. in article 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 changes are made: 1 ° in a), the words "or prohibitions, where this transfer has been authorized by the family Council or a judicial proceeding" are replaced by the words ", where this transfer has been authorized by a Court of law."
2 ° b) is replaced by the following: «b) b) to individuals with an administrator pursuant to the provisions of part IV, book IV, chapter X, of the Judicial Code, with a special permission from the Justice of the peace;
CHAPTER 17. -Amendment of the Act of 7 May 1999 on gambling, betting, gambling establishments and the protection of s. players
213. in article 54 of the Act of 7 May 1999 on games of chance, betting, gambling establishments and the protection of players, amended by the law of January 10, 2010, the following changes are made: 1 ° in § 3, including paragraphs 4 and 5 shall become respectively items 3 and 4, points 2 and 3 are replaced by the following : "2 persons protected under article 492/1 of the civil Code, at the request of their administrator;"
2 ° in § 4, paragraph 1 of which item 3 becomes item 2, points 1 and 2 are replaced by the following: ' 1. persons to protect for which an application was lodged pursuant to 1240 of the Judicial Code or for which a notice of referral of office has been established pursuant to sections 1239 and 1247 of the Judicial Code; ";
3 ° in § 4, paragraph 2, the words "respectively in articles 487sexies and 488bis, E), § 1 of the civil Code" shall be replaced by the words 'in article 1249 of the Judicial Code.
CHAPTER 18. -Amendments to the Act of 22 August 2002 on the rights of the patient s. 214. article 13 of the law of 22 August 2002 on the rights of the patient is repealed.
S. 215. article 14 of the Act, as amended by the law of December 13, 2006, is replaced by the following: «art.» 14 § 1. The rights of a person protected under article 492/1 of the civil Code in this Act shall be exercised by the person himself, provided that it is capable of expressing his will to do so.
However, these rights are exercised by a person that the patient has previously designated to replace him, as far and as long as it is not able to exercise his rights himself.
The designation of the person referred to in paragraph 2 is made by a written mandate specific, dated and signed by that person as well as the patient, mandate by which that person marks her consent. This mandate could be revoked by the patient or by the agent designated by him in writing signed and dated.
§ 2. If the patient has not appointed an agent or if the agent designated by the patient is not reached, the rights established by this Act shall be exercised by the administrator of the person, after authorization by the Justice of the peace, in accordance with article 499/7, § 1 of the civil Code, as far and as long as the protected person is not able to exercise his rights itself.

§ 3. If no administrator is entitled to represent the patient pursuant to § 2, the rights established by this Act shall be exercised by the spouse, cohabitee, partner cohabiting legal or cohabiting partner indeed.
If the person who may intervene under paragraph 1 does not wish to intervene, or if it fails, the rights are exercised, in sequence, by a child, a parent, a brother or a major sister of the patient.
If the person who can intervene under paragraph (2) does not wish to intervene, or if it fails, it is the professional practitioner concerned, where appropriate in multidisciplinary consultation, which ensures the interests of the patient. It is likewise in the event of a conflict between two or more persons may intervene pursuant to § 2 and paragraphs 1 and 2.
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4. The patient is associated with the exercise of its rights as far as possible and taking into account its capacity of understanding.
§ 5. The right of complaint under article 11 peut, by way of derogation from §§ 1, 2 and 3, be exercised by the persons referred to in those paragraphs, designated by the King, by Decree deliberated in the Council of Ministers, without having to respect the order intended.
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S. 216. in article 15 of the Act, the following amendments are made: 1 ° in the paragraph 1, the digit ", 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 law of 16 January 2003 on creating Crossroads Bank for enterprises, modernization of the commercial register, creation of ATM-sized Chartered and containing various provisions art.
217. in article 21, § 3, 3 °, of the law of 16 January 2003 on creating Crossroads Bank for enterprises, modernization of the commercial register, creation of ATM-sized Chartered and containing various provisions amended by the royal decree of December 19, 2010, "a ban or the appointment of a judicial Council" shall be replaced by the words "a measure of protection referred to in article 492/1 of the civil Code.
S. 218. in article 23, § 1, 1 °, of the Act, as last amended by the Act of 31 January 2009, 'declaring unable or putting under judicial Council' shall be replaced by the words "ordering a measure of protection referred to in article 492/1 of the civil Code.
CHAPTER 20. -Amendment of the Act of 26 March 2003 regulating the practice of the autopsy after the death unexpected and medically unexplained of a child under 18 months art. 219. in article 5 of the Act of 26 March 2003 regulating the practice of the autopsy after the death accidental and medically unexplained of a child of less than 18 months 'fall under the prolonged minority status or are declared unable to' shall be replaced by the words "were, under article 492/1, 9 °, of the civil Code expressly declared unable to exercise parental rights to the child and have been. ", according to article 492/1, 18 °, the same Code, expressly declared unable to exercise their right to refuse or accept the autopsy ', and 'persons declared incapable or prolonged minority status' shall be replaced by the words"protected persons ".
CHAPTER 21. -Modification of the experiments on the human person article Act of May 7, 2004 220 ÷ article 8 of the experiments on the human act of May 7, 2004, the following changes are made: 1 ° in the introductory sentence, the words ' a major is not able to give consent "shall be replaced by the words"a major person protected under article 492/1 of the civil Code. "
2 ° in 1 °, paragraph 1 the words "legal representative" are replaced by the words "Administrator" and the words "the major unable to express his will" are replaced by the words "the protected adult."
3 ° in 1 °, paragraph 2, the words "a major, is not able to give itself its consent to the participation of an experiment, ' shall be replaced by the words"a major person protected under article 492/1 of the civil Code"and the words"legal representative"are replaced by the words"Administrator ";
4 ° in 1 °, paragraph 5 is repealed;
5 in 1 °, paragraph 6, the words "among the major which is not affected by the provisions of the preceding paragraph, the right to consent to participation in an experiment is exercised" shall be 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 "participating major who is protected under article 492/1 of the civil Code.
CHAPTER 22. -Modification of the internment of individuals with one act of April 21, 2007 disorder mental art.
221. article 157 of the Act of 21 April 2007 concerning the internment of people with a mental disorder, as amended by the Act of December 28, 2011, is supplemented by a paragraph as follows: "by way of derogation from paragraph 1 of the articles 29 and 30 of the Act of April 9, 1930 against the abnormal social defence. habitual offenders and perpetrators of certain sexual offences are repealed at the latest at the date of the entry into force referred to in article 233 of the Act of March 17, 2013 reforming disability plans and introducing a new status of protection consistent with human dignity. ».
CHAPTER 23. -Amendment to the Act's principles of 12 January 2005 on the prison administration and the legal status of inmates s.
222. in article 95, paragraph 1 of the Act, principles of 12 January 2005 on the prison administration and the legal status of the detainees, the word "provisional" is repealed.
CHAPTER 24. -Provisions various arts. 223. the King may prescribe, after consultation with associations active in the field of welfare of protected persons, the drafting and provision of

public a brochure on the usefulness and the functioning of extrajudicial and judicial protection measures referred to in this Act. The King may notably provide that this brochure will contain models of reports and examples of good practices in the administration of the person and property of the major incapable.
S. 224. the implementation of this Act will be assessed by the Minister of Justice and the Minister having families in its attributions in the ninth year following the date of its entry into force. ÷ this regard will be examined, in particular, the functioning of extrajudicial protection, administration and the workload of the justices of the peace.
The report of this evaluation will be forwarded to the legislative chambers by the Minister having the families in charge, no later than 30 June of the tenth year after the entry into force of this Act.
S. 225. the King is empowered to adapt the terminology and references in the legislative provisions in force according to the provisions of this Act.
CHAPTER 25. -Provisions transitional art. 226. the provisions of section 2, chapter II, title XI, book 1st, of the civil Code shall apply to all the mandates referred to in article 490 of the civil Code which are granted after the entry into force of this Act. The amendment laid down in article 143 (2), applies to all mandates granted after the entry into force of this Act.
S. 227. without prejudice to article 229, paragraph 1, this Act does not change the inability of a person who, at the time of the entry into force of this Act, is a protected person within the meaning of articles 488bis, A), in 488bis, K), the Code civil, is an extended minor, is prohibited or needs the assistance of a judicial Council.
(The protection measure that constitute the interim administration referred to in articles 488bis, A) at 488bis, K), of the civil Code, minority extended the prohibition and the Judicial Council terminates of right when a legal protection measure is ordered under article 492/1 of the civil Code.
S. 228. without prejudice to article 227, paragraph 2, on the expiry of a period of two years from the entry into force of this Act, provisional Government settled before the entry into force of this Act pursuant to section 488bis, A), of the civil Code, are subject of right to the provisions relating to the administration of the property referred to in book I , title XI, chapter II/1, of the civil Code. Justice of the peace qualified for the Organization and monitoring of the transitional administration remains competent, without prejudice to the application of article 628, 3 °, of the Judicial Code.
Within two years following the period referred to in the paragraph 1, Justice of the peace applies, if applicable ex officio, article 492/4 of the civil Code.
Articles 493-493/3 of the civil Code are applicable to current plans from the entry into force of this Act.
S. 229 if, five years at the latest after the entry into force of this Act, no judicial protection measure has been ordered in accordance with article 492/1 of the civil Code, the Judicial Council goes right and all forms of guardianship of minors extended of prohibited persons, or parental authority over minors extended are subject of right to the provisions of book I , title XI, chapter II/1, of the civil Code. Guardian or parents become in this case ex officio administrator. For the purposes of this provision, the protected person shall be deemed to have been declared unable to perform all the acts referred to in article 492/1, § 1, of the civil Code, and all acts relating to the goods. It is also deemed having to be represented for these acts.
Competent justice of the peace for the Organization and monitoring of guardianship jurisdiction rest, without prejudice to the application of article 628, 3 °, of the Judicial Code.
In the two years following the period referred to in paragraph 1, the Justice of the peace applies if any of office, article 492/4 of the civil Code, except to the people who needed the assistance of a judicial Council.
Articles 493-493/3 of the civil Code are applicable to current plans from the entry into force of this Act.
S. 230. the provisions amended by this Act continue to apply the protection measures of provisional administration referred to in article 488bis of the civil Code, by guardianship of extended minors or incapable persons found, of parental authority on extended minors and assistance by a judicial Council which have been taken at the time of the entry into force of this Act, in their older version until such time where these measures will be subject to the provisions inserted by this Act, referred to in book I, title XI, chapter II/1 of the civil Code in application of articles 227 to 229, or will turn off.
S. 231. until the date of entry into force of the Act of April 21, 2007 the internment of people with a mental disorder, it is necessary to read in article 598, 1 °, of the Judicial Code "the Act of April 9, 1930, of social defence against the abnormal, habitual offenders and certain sexual offenders" instead of "Act of April 21, 2007 on the internment of people with a mental disorder.
S.
232. till the day of the entry into force of the Act of April 21, 2007 the internment of people with a mental disorder, he has read article 492/4, paragraph 3, of the civil Code as follows: 'the legal protection measure shall end right in the event of death of the protected person or upon the expiry of the term for which it was taken.'.
CHAPTER 26. -Entry into force art. 233. this Act comes into force the first day of the twelfth month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, March 17, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2010-2011 House of representatives Documents. -Law of Mr. Terwingen et al. proposal, 53-1009, no. 1. -Amendments - No. 2. -Opinion of the Council of State - No. 3. -Amendments - nos 4-9. -Report - No. 10. -Text adopted by the commission (article 77 of the Constitution) - No. 11. -Text adopted by the commission (article 78 of the Constitution) - No. 12. -Text adopted in plenary meeting and transmitted to the Senate - No. 13.
See also: full report: July 19, 2012.
Session 2012 - 2013 Senate Documents. -Project mentioned 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 commission after referral by the plenary - no. 7. -Text amended by the Senate and returned to the House of representatives - no. 8.
See also: annals of the Senate: January 10, 2013.
Session 2012 - 2013 House of representatives Documents.
– Draft amended by the Senate, 53-1009 - No. 14. -Amendments - our 15-16. -Report - No. 17. -Text adopted by the commission - No. 18. -Text adopted at the plenary and subject to Royal assent - No. 19.
See also: full report: February 28, 2013.