Tutelle, curatelle, safeguarding justice: what differences?
Verified 19 February 2021 - Legal and Administrative Information Directorate (Prime Minister)
The difference between the various protections is the degree of constraint on the actions of the middle finder. Guardianship is the legal protection measure with the most impact on the actions of the protected adult. Other protections are less restrictive of one's freedom of action.
Illness, disability, accident can impair a person's ability to defend their interests.
The judge may then decide on a legal protection measure by which another person helps him protect his interests.
Protection depends on the ability of the person to protect.
The request for protection may come from the person, a relative and, in some cases, the public prosecutor (upon request of a doctor in particular).
Protection Type | Applicant | Asset Management | Voting rights |
|---|---|---|---|
Bride or wife | By the eligible spouse | Yes | |
Other member couple, ascending, downhillbrother or sister | By the authorised person (limited or general authorisation) | Yes | |
- Data subject - Other member couple, family ally or close friend, the Prosecutor himself or upon request of the doctor/director of health care | The person retains the right to perform all acts of civil life, except those entrusted to the special agent | Yes | |
- Data subject - Other member couple - Family, ally or close friend - Prosecutor himself or at the request of the doctor/director of a health establishment | The person under trusteeship may manage and administer his property freely, but must be assisted by his trustee for all disposition. | Yes. But the protected person cannot be elected. | |
- Data subject - Other member couple - Family, ally or close friend - Prosecutor himself or at the request of the doctor/director of a health establishment | By the guardian | Yes. But the protected person cannot be elected. |
- Civil Code: Article 440Definition of curatorship and guardianship
- Electoral Code: Article L200Ineligibility of persons placed under trusteeship or guardianship
- Electoral Code: Articles L1 to L6Possibility of granting voting rights to a person in guardianship (Article L5)
- Civil Code: Articles 500 to 502Determination of the budget for the guardian