Article 37. Authorizations of the guardianship and trusteeship bodies when a guardian or trustee performs actions affecting the property rights of persons under guardianship or trusteeship

With the authorization of the guardianship and trusteeship bodies, guardians have the right:

to conclude, on behalf of the person under guardianship, transactions that must be notarized;

to divide property;

to pledge the property of the person under guardianship for a term not exceeding one year;

to exchange the dwelling of the person under guardianship;

to refuse, on behalf of the person under guardianship, an inheritance and/or a gift.

Authorization of the guardianship and trusteeship bodies is required in all cases where the actions of the guardian or trustee may lead to a decrease in the value of property belonging to the person under guardianship or trusteeship, including when:

a claim brought in the interests of the person under guardianship or trusteeship is withdrawn;

a settlement agreement is concluded in court proceedings on behalf of the person under guardianship or trusteeship;

a settlement agreement is concluded with the debtor in enforcement proceedings in which the person under guardianship or trusteeship is the claimant.

Authorization of the guardianship and trusteeship body is also required if a power of attorney is issued on behalf of the person under guardianship or trusteeship.

The guardianship and trusteeship body may refuse authorization, stating the reasons for refusal.

Authorization or refusal to grant authorization must be provided to the guardian or trustee no later than fifteen days from the day the application for authorization was submitted.