Short answer. Under Article 382 of the Civil Code, the court that appoints a representative for an absentee also specifies that representative's exact powers, obligations, and remuneration. The judge tailors the mandate to the circumstances and regulates it by the rules applicable to guardians. There is no fixed statutory list — it is court-defined in each case.
What the law says
the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians.
Civil Code, Article 382 — Court Defines the Representative’s Powers. Read the full provision →
The court defines the representative's mandate
Article 382 of the Civil Code does not set a fixed list of powers for every representative of an absentee. Instead, it directs the appointing judge to specify the powers, obligations, and remuneration of the representative in the appointment itself. The mandate is custom-tailored: the court looks at the particular circumstances — the type and extent of the absentee's property, the nature of the absentee's affairs, and any known interests of the absentee — and defines what the representative may and must do. No two appointments need be identical.
Guardianship rules as the governing framework
While the court has discretion in crafting the representative's mandate, Article 382 sets a governing framework: the powers and obligations must be regulated by the rules concerning guardians. This means the representative is held to the same duties and standards of care as a guardian — the obligation to preserve and protect the ward's property, to act in the ward's best interest, to account for receipts and expenditures, and to seek court approval before taking major actions such as selling or encumbering property. The guardianship framework gives the absentee's representative a well-developed set of baseline rules.
The court's obligation to safeguard the absentee's interests
Alongside defining the representative's mandate, Article 382 separately obliges the judge to take the necessary measures to safeguard the rights and interests of the absentee. This is an active judicial duty — not merely approving what the representative proposes, but independently ensuring the absentee is protected. The court may impose conditions, require periodic reports, mandate that certain assets be preserved untouched, or require that significant transactions receive prior judicial approval. These protective measures operate in parallel with the representative's powers.
Remuneration and accountability
Article 382 expressly provides for the court to set the representative's remuneration. The representative is not expected to serve without compensation — the absentee's estate bears the cost of its own administration. The amount is determined by the court based on the complexity and scope of the work, not by the representative's own preference. Because the representative acts under court supervision and following guardianship rules, the representative is also accountable to the court for how the estate is managed. Periodic accounting and, where appropriate, bonding requirements may be part of the court's protective measures.