What is a guardian substitute decision maker or curator substitute decision maker?

Verified 30 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The guardianship judge may appoint a substitute guardian or substitute trustee from among the family members or relatives of the protected person. The substitute decision-maker must monitor the actions of the guardian or trustee. He must inform the judge as soon as he finds fault. Here is the information you need to know.

Supervision of the guardian's acts

The substitute guardian or substitute trustee monitors past acts by the guardian or curator. If he finds a mismanagement of the guardian or trustee, he must immediately inform the judge.

The substitute guardian or substitute trustee assists or represents the protected person when the interests of the protected person are in opposition with those of the guardian or curator. This is the case, for example, in the case of a settlement of an estate in which the protected person and his or her guardian (or trustee) are both heirs.

The substitute guardian or substitute trustee shall certify to the judge the proper conduct of the operations that the guardian or trustee is required to carry out. In particular, it must attest to the proper use of the capital of the protected adult.

The substitute guardian or substitute trustee must be informed and consulted by the guardian or trustee before a serious act is done (such as a act of disposition or a medical procedure).

Please note

When the guardian or curator causes the the inventory of the protected person's property, if a substitute guardian or trustee is appointed, he or she must be present during the inventory.

Verification of revenue and expenditure account

In the case of reinforced guardianship or curatorship, each year, the guardian or curator must establish a revenue and expenditure account.

Please note

There is no management account to be established by the curator in the case of a simple curatorship.

The guardian or trustee shall deliver to the substitute guardian or substitute trustee, if appointed, a copy of this revenue and expenditure account and supporting documents.

The revenue and expenditure account is audited and approved annually by the substitute guardian or the substitute trustee when he was appointed one.

FYI  

In the absence of the appointment of a substitute guardian, the guardianship judge shall appoint a qualified professional responsible for auditing and approving the accounts. This verification by a professional may represent a cost to the protected person.

Supervision

The appointment of a substitute guardian is optional, but becomes mandatory if a family council is constituted.

Curatelle

The appointment of a substitute decision-maker is optional.

The substitute guardian or the substitute trustee may be a family member or close person the protected person (e.g. the person with whom the protected adult lives in couple).

If the guardian or curator is parent or ally of the protected person in one branch of the family, the substitute decision-maker is preferably chosen from among the persons of the other family branch.

If no family member or close relative can assume the functions of substitute guardian, a judicial representative for the protection of adults may be appointed as substitute guardian or substitute curator.

The guardian substitute decision maker or the guardian substitute decision maker shall be the guardianship judge.

It is designated by the family council if the latter was set up by the judge.

The adult to be protected may have determined in advance the person he wishes to be designated.

At any stage of the proceedings, the guardianship judge may appoint a substitute guardian or a substitute trustee.

Please note

A substitute guardian or a substitute trustee may be appointed as soon as the protection measure is in place.

The application may be made by the guardian or trustee, by the protected person, or by one of his relatives.

The request must be made by a query addressed to the guardianship judge the judicial or local court in charge of the case.

Who shall I contact

The judge issues a court decision after conducting any hearings.

The judge may grant or refuse the appointment of a substitute guardian or substitute trustee.

The subrogate guardian or subrogate curator may be held liable in the following cases:

  • It shall find that the guardian or trustee is guilty of misconduct in the performance of his duties and it does not inform the guardianship judge.
  • He doesn't does not cause the tutor or curator to be replaced when the guardian or trustee ceases to hold office.

The mission of the substitute guardian or substitute trustee ends when the protection measure ends (death of the protected person, expiry of the measure, etc.).

It also ends when the functions of the guardian or trustee end or when the judge decides so (following a request to stop his mission by the substitute decision-maker for example)

Warning  

The mission of the guardian substitute decision-maker or trustee substitute decision-maker ceases at the same time as that of the guardian. However, the substitute guardian or substitute trustee must cause the replacement of the trustee or guardian who ceases to hold office.

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