Guardianship, curatorship, safeguarding justice: what differences?

Verified 11 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The establishment of a legal protection measure (guardianship, curatorship or safeguarding of justice) differs according to the acts that the protected person can carry out alone. Account is taken of his ability to carry out everyday acts without assistance, and without jeopardizing his interests.

The guardianship is the legal protection measure with the most consequences on acts that can be carried out by the protected person alone.

The trusteeship and the safeguard of justice limit lighter the freedom of action of the protected person.

Illness, disability, accident, senility, simplicity of mind, for example, can impair a person's faculties and make him or her incapable of defending his or her interests. The judge may then decide on a legal protection measure by which another person assists him or her in to protect its interests.

The measure of legal protection is decided by the judge and consists of the designation of a third person for help her to protect its interests, to take decisions, or even to authorize and/or control them.

There are 3 main measures that can be put in place:

  • The safeguard of justice : the person retains the ability to perform all acts however, certain important acts (e.g. sale of real estate, conclusion of a large loan) may be entrusted to a special agent.
  • The trusteeship : the person may to perform the acts of everyday life (it continues to manage its assets), but it must be assisted when they want to sell them or buy others. For example, she can enter into a lease, but she cannot sell her apartment alone.
  • The guardianship : the person cannot manage his or her property and assets alone. She's assisted systematically by a guardian for all acts (administration, arrangement...).
Tableau - Differences in legal protections

Type of protection

Who can ask for it?

Who manages the assets of the protected person?

Can the protected person vote?

Safeguarding justice

  • Major himself
  • Person with whom the middle finger to protect living as a couple
  • Parent or a allied
  • Person who has close and stable ties with the middle finger
  • Person who already exercises another legal protection measure (guardian or guardian)
  • Public Prosecutoron its own initiative 
  • Third parties (e.g. doctor, director of a health facility)

The person in custody of justice retains the right to perform all the acts of everyday life, except those entrusted to the special representative.

Yes

Curatelle

  • Major himself
  • Person with whom the middle finger to protect living as a couple
  • Parent or a allied
  • Person who has close and stable ties with the middle finger
  • Person who already exercises another legal protection measure (guardian or guardian)
  • Public Prosecutoron its own initiative 
  • Third parties (e.g. doctor, director of a health facility)

The person under the guardianship can manage and administer his property freely.

But she must be assisted by her guardian for all acts of disposition.

Yeah. Yeah.

But the protected person cannot be elected.

Supervision

  • Major himself
  • Person with whom the middle finger to protect living as a couple
  • Parent or a allied
  • Person who has close and stable ties with the middle finger
  • Person who already exercises another legal protection measure (guardian or guardian)
  • Public Prosecutoron its own initiative 
  • Third parties (doctor, director of health facilities, ...)

The guardian

Yeah. Yeah.

However, the protected person may not give power of attorney to:

  • Agent in charge of its protection
  • Home-based employee
  • Employee or volunteer of the host institution

    • The protected person cannot be elected.

    Who can help me?

    Find who can answer your questions in your region

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