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The measure for the protection of adults concerns people with an impairment of their physical or mental faculties serious enough to prevent them from expressing their consent. It is the guardianship judge who decides on the appropriate measure.
Who is concerned ?
The opening of a protection measure concerns an adult who suffers an alteration of his physical or mental capacities preventing him from fully expressing his will.
Who can request it?
This request for protection can be requested by the person himself. It can also come from the spouse (spouse, PACS partner or cohabitant living under the same roof), or from any interested person: family members, neighbour, notary, etc. The public prosecutor can also make this request ex officio, or on the report of a third party: doctor, social worker, etc.
How to request it?
The request for the opening of a protective measure is made in the form of a request. The applicant withdraws a file from the guardianship registry of the district court of the place of residence of the person to be protected, and the registry communicates to him the list of medical experts established by the public prosecutor. All requests must be accompanied by a medical certificate which determines the degree of impairment of mental or physical faculties.
The audience
After receiving the file, the guardianship judge hears the person to be protected and the applicant(s). The hearing takes place in the judge’s chambers or at the home of the person to be protected if the latter cannot move. When the hearing of the person to be protected is impossible, the guardianship judge will be all the more attentive to the opinion of his entourage.
The decision of the guardianship judge
The hearing allows the guardianship judge to determine the protective measure that the person needs. This may be protection by the appointment of a tutor to the person, protection of one’s property by curatorship or both at the same time. Curatorship is chosen when the person only needs simple assistance, and guardianship when it is necessary for him to be represented in acts of civil life. The protection measure cannot exceed 5 years and can be lifted if an improvement in the state of health is proven by a medical certificate.
Exercise the measure of protection
The guardianship judge determines who exercises the measure. The agent can be the helper designated by the person himself, a member of his family or his social background. They are in fact the same people who are applying for the protective measure. Failing this, a professional agent is appointed. The judge may choose several mandataries: one mandatary to exercise the protection of the person and another mandatary to ensure the management and administration of his property and resources.
Société d’Avocats DAMY , Nice, How to ask for the protection of an adult? 2021
