How to establish the inventory of the assets of a protected adult?

One inventory property must be erected when a person is placed under guardianship or under curatorship reinforced. It is also mandatory when implementing a future protection mandate.

The person responsible for carrying out the protection measure shall carry out or cause to be carried out an inventory of the goods. It may be the guardian, of curator, of substitute decision maker or the agent designated as part of a future protection mandate.

An inventory of the protected person's property must be made in the 3 months which follow the opening of the protection measure for tangible movable property such as furniture, vehicles, safe, valuable jewelry, etc.

This period shall be extended to 6 months for other goods such as real estate, bank accounts, life insurance.....

The inventory can be carried out:

• Either by deed under private signature
• Either by authentic act done by a notary or a commissioner of justice (formerly judicial bailiff or judicial auctioneer).

The inventory contains including the following:

• Description of furniture
• Estimated real estate (principal residence, secondary, building, land...))
• Estimated value of movable property above €1,500
• Designation of species in cash
• Statement of bank accounts, investments and other securities (chequing accounts, booklets, life insurance, securities, shares, bonds, dividends...))
• Resources (salaries, pensions, allowances...))
• Borrowings (mortgages, consumer loans ...))
• Current expenses (water, electricity, gas, insurance...).)

Inventory is dated and signed by those present.

It is possible to use the following document to formalize the inventory by deed of private subsignature:

Inventory form and record

Ministry of Justice

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The inventory must be accompanied by all documents and supporting documents, including the following:

• Last income tax sheet
• Notice of property taxes and housing taxes
• Bank certificate of the status of each account
• Latest bank account statements
• Last life insurance statement.

During the inventory, the people present vary according to whether the operations are carried out by deed under private signature or by authentic act :

Once the inventory is completed, the guardian or trustee must transmit it to the guardianship judge.

In the context of a future protection mandate, the representative reports on his activity to the person designated by the principal (family member, close relative, notary, lawyer...).) He must transmit the inventory to the guardianship judge or the public prosecutor as soon as they ask.

Difficulties may be encountered in carrying out or transmitting the inventory to the judge: it may be transmitted with delay, incomplete or not established.