La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Your legal questions
Can an application for a measure under guardianship be challenged? What is the procedure to follow?
What I can dispute When we receive a letter from the guardianship judge, we must first carefully read this letter to verify that it is indeed a request for guardianship. If this is the case, this guardianship can be challenged in several ways. First, it is possible to contest the application for guardianship itself. It can also be challenged: for example, this is the case if there is a need for protection, but
guardianship is not the appropriate measure for the situation. Finally, it is also possible to choose the person who will be the guardian. The law gives priority to a family member to manage the person placed under protective measures (curatorial or guardianship), but also to manage his or her property.
Concretely, how to do it? To obtain a decision from the guardianship judge, the deadline is 15 days from receipt of the registered letter. This means of appeal shall be exercised by registered mail to the clerk's office of the district court. The Court of Appeal will then re-examine the entire file. If there is a new fact (in the case, for example, of taking medical treatment), the guardianship judge can be re-initiated to re-examine the situation of the person concerned.
Société d' Avocats DAMY, Nice, Can I refuse to be placed under guardianship? Update 2017.