The act of opening a bank account induced the conclusion of a contract, requiring that the person opening it has their full legal capacity.
Does an adult placed under the protective measure of “sauvegarde de justice” retain the power to open a bank account in his name?
The protective measure of “sauvegarde de justice” is a provisional and transitory measure that does not have any autonomy. It aims to offer emergency protection to the protected adult, for the duration of a protection procedure and until a permanent measure (curatorship or tutorship) is granted or in the event that the adult needs temporary legal protection allowing them to be represented for the performance of certain specific acts.
The guardianship judge may also appoint a special representative to perform one or more specific acts, even of disposal, made necessary by the management of the assets of the person placed under judicial protection.
The acts that the special representative may perform are expressly set out in the mandate given to them by the judge. Therefore, the distinction between acts of disposal and acts of administration is not relevant here. In order to assess whether an act falls within the powers of the special representative, it is only necessary to refer to the order determining the scope of the mandate.
All acts which are not authorized by virtue of the special mandate must be carried out directly by the person placed under the protective measure of “sauvegarde de justice”.
The adult under the said measure retains the exercise of their rights, except for those entrusted to the special representative. They thus have the power to open a new bank account in their name in the bank of their choice.
