Guardianship, curatorship, safeguarding justice: what differences?
Verified 23 March 2022 - 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. Thus, account is taken of his ability to carry out everyday acts without assistance, and without his interests being endangered.
Guardianship is the legal protection measure that has the greatest impact on the acts that can be carried out by the protected person alone.
The guardianship and the safeguarding of justice limit the protected person's freedom of action more slightly.
The origin of incapacity can come from different sources: illness, disability, accident, senility, simplicity of mind,...
The measure of legal protection is decided by the judge and consists of the appointment of a third person to help him protect his interests, make decisions, or even authorize and/or control them.
The application for protection may be made by the person himself, a relative and, in some cases, the public prosecutor (at the request of a doctor in particular).
There are 3 main measures that can be put in place:
- Safeguarding justice: the person retains the ability to perform all acts but certain important acts (sale of a property, conclusion of a loan of a large amount,...) can be specially entrusted to an agent.
- The Trusteeship: the person can do the acts of daily living (it continues to manage its assets), but they need help if they want to sell them or buy others. For example, she can enter into a lease, but she cannot sell her apartment alone.
- Guardianship: the person cannot manage his or her property and assets alone. It is systematically assisted by a guardian for all acts (administration,arrangement.,...).
Type of protection | Claimant | Asset management | Right to vote |
|---|---|---|---|
Spouse(s) | By the authorized spouse | Yes | |
- Parent, grandparent, great grandparent - Child, grandchild, great grandchild - Brother, sister - Spouse(s) - Civil partnership Partner - Cohabiting partner | By the authorized person (limited or general authorization) | Yes | |
- 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 person retains the right to perform all the acts of everyday life, except those entrusted to the special representative. | Yes | |
- 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 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. | |
- 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, ...) | By 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
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Definition of guardianship and guardianship
Proxy voting
Ineligibility of persons under guardianship or guardianship
Determination of the budget for the person protected by the guardian
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