Depending on the circumstances of life, it happens that a person is no longer in a position to look after his own interests.

At the request of relatives or social services, the protection litigation judge (who replaced the guardianship judge during the justice reform in 2020) can then decide to put it under the control of a measure of more or less restrictive legal protection.

A husband can thus be authorized by a judge to carry out acts of day-to-day management (called acts of administration) on behalf of his other half when he is not in a position to express his will or to understand these operations.

This is called a judicial empowerment for spousal representation.

If this is not possible, particularly in the absence of marriage, the court may grant family authorization, general or limited to certain acts, to one of his relatives for a fixed period, without intervening further thereafter.

Controlled constraints

Conversely, the judge exercises significant control when it comes to placing an adult under a more restrictive legal protection measure. This is first of all the case for the safeguard of justice, which consists in appointing a special representative to perform specific acts of representation or assistance, such as the use of a bank investment or the sale of a property. immovable.

A cut above, the curatorship allows you to freely make your life choices but requires the intervention of a curator for acts that engage the heritage (called acts of disposal), such as sale of real estate, donation, loan ... Nevertheless, the judge can choose a reinforced formula in which it is the curator who will perceive the resources of the protected person and will settle his expenses on an account opened in the name of this one.

Finally, within the framework of a guardianship - the highest level of protection - all administrative acts are carried out by the guardian, while the acts of disposition must be authorized by the judge.

Rights preserved

If these devices necessarily restrict the freedom of the vulnerable person, the law guarantees in all cases a certain number of essential rights. Within the family framework, personal acts, such as the recognition of a child and the exercise of parental authority, can thus be freely carried out. Likewise, under a law of 23 March 2019, any protected adult can also marry, enter into a civil partnership or divorce without the need for authorization. The simple prior information of the curator or tutor is sufficient.

While this fragile public could previously be deprived of the right to vote, this is also no longer the case since that date.

Finally, in the register of successions, be aware that even an individual under curatorship or tutorship (with the authorization of the judge) can draw up a will alone and revoke it when he wishes.

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Means of recourse

In order to avoid abuse, these legal protection systems require obtaining a detailed medical certificate describing the degradation of the faculties of the person to be protected.

And it is not the attending physician who takes care of it but a practitioner registered on a list drawn up by the public prosecutor.

Likewise, the individual concerned is interviewed by the judge and may be assisted by a lawyer of his choice.

The principal interested party or his authorized relatives can also appeal against the judgment imposing or refusing a legal protection measure within 15 days of the date of notification of the decision.

In case of safeguard of justice, the dispute will however relate to the content of the missions of the agent.

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