Only some doctors can see the impairment of a person's faculties

In this case, the guardianship judge places a person under guardianship for 10 years. This person, suffering from an incurable illness, has cognitive disorders altering his reasoning and refuses to take care of himself. The person is contesting his or her guardianship.

According to the Civil Code, the guardianship judge may exceptionally place a person under guardianship for a period of more than 5 years but with special reasons and on the advice of the specialized doctor.

According to the Court of Appeal, the person's state of health is not likely to improve on the basis of the data obtained from science. She therefore confirmed the decision on the basis of the opinion of two doctors not on the list of the public prosecutor.

The judgment of the Court of Appeal is set aside. For the Court of Cassation, the guardianship judge must have the assent of a doctor listed by the public prosecutor to place an adult under guardianship for a period not exceeding 10 years