Dependent adults may need help defending their interests. This help can take many forms. It is a judge who defines the type of legal protection. It must be adapted to the situation and exercised by the family or a designated third party. What are the different legal protections? Here are the different measures and their specificities.
Guardianship, or rather guardianship, is a legal protection measure that concerns the elderly and adults with disabilities who cannot express their will. In the context of guardianship, in addition to choosing the measure, the judge must designate the person who will be responsible for the person placed under guardianship. The guardian legally represents the person under guardianship in civil life. The duration of the guardianship is decided by the judge. It is 5 years maximum. A guardianship can be renewed 3 times. It cannot exceed 20 years. The application for guardianship is made to a district court. A form must be completed and submitted with a medical certificate.
Close to guardianship, curatorship differs from it, it is a judicial protection measure that can have 3 levels:
The level of curatorship is defined by the degree of autonomy of the person to be protected. The responsible person is appointed curator. He manages the affairs of everyday life as well as the bank accounts of the person placed under curatorship.
Although guardianship and curatorship are similar measures, they differ in the level of support. Indeed, guardianship is a more important measure that is intended for people who are unable to perform the acts of civil life. In the context of curatorship, the person over whom the measure is exercised can take charge of some of these acts and retain a form of autonomy.
As for a guardianship, an application for curatorship is made to the district court. It must include the form provided for this purpose as well as a medical certificate. This request can be made by:
The duration of a curatorship is the same as for a guardianship:5 years maximum renewable.
Safeguarding justice is a different measure from curatorship and guardianship. It allows an adult to be represented for acts of everyday life. Much more flexible than curatorship or guardianship, this form of legal protection is short-lived. Judicial safeguard can be medical or judicial. The decision is made by a judge following a medical statement. The application for safeguard of justice is made to the local court. It includes:
The empowerment of the spouse is a form of judicial protection that allows one of the spouses to represent the other and therefore to make decisions on their behalf. The measure is taken when one of the spouses is not able to express their will on everyday matters and actions. The request is made to a protection litigation judge either by letter or using a form provided for this purpose. If the couple has adult children, they must obtain their agreement to begin the process.
Family authorization is similar to spousal authorization. It must also be requested from a judge by a relative. It can be:
A medical certificate is requested. It must be drawn up by a doctor on the prosecutor's list. This is available at the local court. The applicant must also prove their relationship to the person to be protected.
Support measures have been designed for adults who suffer from physical or psychological disorders and who are unable to manage their assets in the best possible way.
There are two types of support measures:
Support measures are taken for a period of 6 months to 2 years renewable. The maximum term of protection is 4 years.
A future protection mandate is a protection measure that is taken before a person requires legal protection. Thus, in the event of loss of capacity, arrangements have been made and the persons to be protected have designated the agent. This is in charge of personal interests and assets. The request can be made for yourself or for one of your children.
