Strengthening a curatorship measure: a strictly regulated procedure

A person shall be placed under a simple guardianship. A judicial representative for the protection of adults shall be appointed as curator. Considering the measure insufficient for his mother, the son of the person asks the judge to transform it into a reinforced guardianship. His request is, as required by the procedure, accompanied by a medical certificate drawn up by a doctor on the list drawn up by the public prosecutor of the judicial tribunal. The guardianship judge considers his application admissible and consequently aggravates the measure. The Court of Appeal of Aix-en-Provence upheld the judge's decision.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal because the detailed medical certificate presented to the judge had been drawn up for a purpose other than that of aggravating the curatorship. Indeed, this certificate was drawn up to activate a future protection mandate and not to modify the simple curatorship measure.