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Curatelle

Verified 16 décembre 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Curatorship is a judicial measure designed to protect an adult who, without being incapable of acting himself, needs to be advised or controlled in certain acts of civil life. The court shall be ordered only if it is established that the measure of protection of justice would be insufficient. There are several degrees of curatorship. The protection litigation judge shall appoint one or more trustees.

There are different degrees of curatorship. The curator is chosen first and foremost from among the relatives of the person to be protected.

Single Curatula

The person performs the acts of routine management alone (said administrative acts or provisional documents), such as managing the bank account or taking out insurance.

On the other hand, it must be assisted by its trustee for more important acts (said disposition). For example, the trustee must consent to a loan.

Enhanced Curatorship

The trustee collects the person's resources and pays his expenses into an account opened in the person's name.

Curatelle

The judge lists the acts that the person can do alone or not.

Request to judge

The opening of a curatorship may be requested from the judge only by certain persons..

The application must contain the following documents:

Application for legal protection of an adult (family or legal)

Cerfa n° 15891*03 - Ministry of Justice

  • Proof of the relationship between the applicant and the person to be protected (copy of family records, Pacs agreement etc.)
  • Copy of the identity document and a copy of the domicile of the person wishing to perform the duties of authorized person
  • Letters from family members accepting this appointment

Acceptance model for family members accepting the authorization or appointment of the guardian or curator

Directorate of Legal and Administrative Information (Dila) - Prime Minister

The file must be sent to the protection litigation judge of the court of the domicile of the person to be protected.

Folder Instruction

The judge hears the adult and examine the query..

It shall also hear the person who made the request and any lawyers they may have.

Curator designation

Curator selected as a priority for the person to be protected.. If this is impossible, the curatorship is entrusted to a professional called judicial officer for the protection of adultson a list drawn up by the prefect.

The judge shall appoint one or more curators. The court may be divided by the judge between

  • a curator responsible for the protection of the person (example: marriage
  • and a curator responsible for heritage management (example: tax return).

The judge may also appoint curators who jointly exercise all the prerogatives relating to that function. In this case, each trustee shall be considered, in respect of third parties, to have received from the other the power to make the conservatory and administrative acts alone.

The judge may also designate a subrogate curator to monitor the actions of the trustee, or to replace the trustee in the event of a conflict of interest. Where the curator is a member of the family, the judge shall, if possible, select the substitute curator in the other branch of the family.

In the absence of a substitute curator, the judge may also, for certain acts, appoint an ad hoc curator, in particular if there is a conflict of interest between the curator and the protected person.

The trustee is accountable to the protected person and the judge for the execution of his or her mandate. In the event of an enhanced curatorship, he or she must provide the court's director of court registry services with an annual account of his or her management.

Remedy

In the event of the opening or refusal to terminate a guardianship, the protected person himself or any person entitled to request his release may appeal the decision.

In the event of a refusal to set up the curatorship, only the person who filed the application for curatorship may contest the judgment.

The call shall be made within 15 days in the case following the judgment or the date of its notification for the persons to whom it is notified. The appeal shall be made by declaration made or sent by registered letter with application for acknowledgement of receipt to the court registry.

The curatorship (opening, modification or end of the measure) gives rise to marginal mention on the margin of the birth certificate.

Acts of daily life

A person under the supervision of a trustee makes decisions about himself (such as changing jobs) if his condition permits.

She chooses her place of residence and has the right to maintain personal relations freely.

It shall retain the right to vote.

It may request or renew identity document..

The person under supervision may perform administrative acts alone (example: carry out maintenance work in his dwelling).

Family decisions

The person under supervision may perform certain acts alone strictly personal (like recognizing a child).

A person under the supervision of a trustee may marry or enter into a marriage without the authorization of the curator or the judge.

She must inform her curator beforehand.

Bill of sale, will

The person in trust must be assisted by his or her trustee to perform the dispositions (example: sell an apartment).

She can write a will by herself.

She can make donations with the assistance of her curator.

Any decision concerning the principal residence of the protected person must be authorized by the judge.

Curator intervention

The curator may take such protective measures as are strictly necessary to put an end to the danger which, by reason of his behavior, the middle-aged person would present to himself. He shall immediately inform the judge.

When the curatorship is strengthened, the curator collects the protected person's income, settles the protected person's expenses with third parties and repays the surplus.

The judge sets the duration. This period shall not exceed 5 years, renewable for the same period.

He may decide to renew it for a longer period but not exceeding 20 years if the alteration of the faculties of the protected adult appears irreparable. In this case, the doctor's assent, which is included in the list drawn up by the public prosecutor, is necessary.

The measure may end:

  • at any time if the judge decides that it is no longer necessary, at the request of the adult or any person entitled to request a curatorship, after medical opinion.
  • on expiry of the fixed period, in the absence of renewal,
  • if a guardianship measure replaces the curatorship.

Before the end of the legal protection measure, such persons may submit a request to the protection litigation judge to review the protected person (form cerfa n°14919*03). This request is to extend the duration of the measure.

Application to the guardianship judge - New examination of a measure of judicial protection of an adult

Cerfa n° 14919*04 - Ministry of Justice