There are several types of agents, the main ones being:
- The deputy (for the protection of the adult and the child)
- The guardian (for the protection of the child only)
In the management of estates, the court appoints the following estate agents, in particular:
Note that the executor is not a court-appointed agent but an agent appointed by the deceased.
The court appoints the person or persons to whom it entrusts the execution of a mandate. The person chosen is always free to accept or refuse the mission entrusted to him/her.
The appointee must have the skills and knowledge necessary to perform the tasks assigned to him/her and must perform them in person.
The tasks to be performed are specified in a decision. They are set according to the needs of the person to be protected or the acts of estate management to be performed. This decision indicates the scope of the powers vested in the appointee but also the limits of his/her duties. These are the activities that the appointee will have to carry out and for which he/she will be accountable to the court, throughout the duration of his/her mandate.
Each appointee is subject to the principle of secrecy. While he/she is entitled, for the performance of his/her duties, to disclose to third parties the existence of his/her mandate, he/she may not disclose any information about the person or property under his/her care, unless overriding interests, such as the safety of the protected person, so require. In this case, the appointee must apply to the court to have his/her secrecy lifted.
All apointees of the court are also subject to a duty of care. This means that they must perform their duties with care and speed.
If there are new facts that justify the modification or lifting of the measure, the appointee must immediately inform the court.