Frequently asked questions about Famille

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I am married under the community property regime. My husband acted as guarantor for a friend. That friend has now defaulted, and my husband is being called upon to honour the guarantee. Can the creditor seize my income?

No. The law provides that when one spouse acts as guarantor without the express consent of the other, only their personal assets and income are liable. Therefore, if you did not sign the guarantee agreement, your earnings and salary cannot be seized (Article 1415 of the French Civil Code).
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A few years ago, my mother had her notary draw up a mandate for future protection and appointed me as proxy. I've accepted this responsibility, but I'd like to give it up. Is this possible?

Yes, but under certain conditions. As long as the mandate has not taken effect, you can renounce your status as mandatary (art. 489 al. 2 C. civ. and 492 al. 3 C. civ.). You must notify your decision to your mother, the mandator, by registered letter with acknowledgement of receipt…
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My mother has a notarised lasting power of attorney (mandat de protection future), and I am her attorney. She used to make regular monetary gifts to her grandchildren, and I am continuing this practice. The notary says this is not allowed. Is he correct?

Yes. The law prohibits the attorney from carrying out acts of gratuitous disposal (such as a gift) on behalf of the protected person without the prior authorisation of the guardianship judge (Article 490 of the French Civil Code)
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Nurse, one of my patients has memory loss, she lives alone with no known family. Can I request the opening of a legal protection measure for her?

Yes, but under certain conditions. In principle, only some people can ask the guardianship judge to open a protective measure (art. 430 C. civ.). These are, first and foremost, the person to be protected and his or her immediate family. Third parties should therefore not be able to apply for…
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