Curatorship of an adult

Verified 27 October 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

You want to know how to place an adult under guardianship and whether this protection measure is final? It is the protection litigation judge (ex-guardianship judge) who examines your application, appoints the curator and sets the conditions for its implementation. We give you the information you need to know.

Trusteeship is a judicial measure. It is intended to protect an adult and his assets when he is in difficulty (impairment of his physical and bodily capacities) and needs help.

Trusteeship allows him to be advised and/or to be accompanied for important acts (including a commitment such as a loan, a sale of real estate). And this, even if she remains autonomous to perform simple acts (purchase of daily life, choice to marry...).

There are several degrees of curatorship (simple, reinforced, arranged).

The person in custody shall be assisted by one or more curators appointed by the judge for a limited period.

The curatorship is a measure lighter that the guardianship, which further limits the capacity of the protected middle finger to act.

The trusteeship shall be established only if the safeguard of justice cannot provide sufficient protection to the adult who needs it.

There are 3 types of curatorship (simple, reinforced, arranged) that more or less limit the acts that the person to be protected can perform.

Simple Curatorship

The person to be protected performs the day-to-day management acts, referred to as administrative acts or protective measures. For example: managing the bank account, taking out an insurance contract.

On the other hand, the person to be protected must be assisted by his guardian for more important acts such as acts of disposition. This is the case, for example, when obtaining a loan or selling real estate that belongs to him.

Reinforced curatorship

In addition to the acts of disposition provided for in the simple trusteeship, the trustee shall manage the bank account of the protected person and pay his expenses.

Managed curtain

It is a trusteeship in which the list of acts that the person can do alone or with the help of his or her trustee is fixed by the judge.

The curatorship is thus adapted to the needs of the person to be protected.

Ask the judge

The opening of a guardianship can be requested from the protection litigation judge (former guardianship judge) only by the following:

  • 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...)

Documents to be provided

Demand (request) shall contain the following documents:

  • Proof of the relationship between the applicant and the person to be protected: copy of the family record, convention of Civil partnerships or the marriage contract of the person to be protected
  • Copy of the identity document and a copy of the domicile of the person wishing to perform the functions of an authorized person
  • Two minimum notices of value of the property that the person wishes to be allowed to sell, if that is contemplated. No compromise may be signed without the authorization of the judge when the measure is decided
  • Letters from family members accepting the appointment. A sample letter is available:

Model of acceptance of family members accepting the authorization or appointment of the guardian or trustee

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

Who shall I contact

The judge hears the middle finger and examine the request.

It also hears from the person who made the request and their lawyers, if any.

Following these discussions and the examination of the application, the judge decides whether to accept the application and, if so, appoints the curator.

The curator is chosen priority among those close to the person to be protected (parent, child, spouse...).

If this is not possible, the trusteeship is entrusted to a professional called judicial representative for the protection of adults. He is on a list drawn up by the prefect.

The judge shall appoint one or more curators.

The trusteeship may be divided by the judge into the following persons:

  • Curator for the protection of the person (example: marriage)
  • Curator in charge of wealth management (e.g. tax declaration, sale of real estate)

The judge may also appoint curators who jointly exercise all the powers related to that function. In this case, each trustee appears to the third parties to have received the power to do all the acts on behalf of the person to be protected alone (acts of disposition and acts of administration).

The judge may also appoint a surrogate trustee to supervise the acts of the curator, or to replace him in the event of a conflict of interest. Where the trustee is a member of the family, the judge shall, if possible, select the substitute trustee in the other branch of the family.

In the absence of a substitute trustee, the judge may also appoint a trustee for certain acts ad hoc (i.e. a person with a defined, specialized and ad hoc mission), in particular if there is a conflict of interest between the trustee and the protected person.

The trustee must be accountable to the protected person and the judge for the execution of his or her mandate.

In the case of an enhanced guardianship, he must submit an annual report on his management to the Registrar of the Court.

In case of opening, the protected person or any person entitled to apply for guardianship may appeal the decision.

In case of refusal for the establishment of the guardianship, only the person who filed the application may challenge the judgment.

The appeal shall take place within 15 days according to the judgment or the date on which the persons were informed.

The appeal shall be made by declaration directly at the registry of the court which issued the decision or by registered letter with request for acknowledgement of receipt addressed to the latter.

Who shall I contact

Please note

The public prosecutor's office can also appeal.

The effect of a trusteeship is to define the rights of the protected person and the trustee.

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The protected person

Acts of everyday life

The person under guardianship alone makes decisions about the person (such as changing jobs) if the person's condition allows it.

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

It retains the right to vote.

It may apply for or renew a identity document.

The person in custody can perform the administrative acts on his own (example: carrying out maintenance work in his dwelling).

Family acts

The person under the guardianship may perform certain acts on his own strictly personal (like recognizing a child).

To enter into a civil partnership The person under the guardianship may marry or take part in a marriage without the authorization of the guardian or the judge.

She duty however inform its trustee beforehand.

Deed of sale, will

The person under the guardianship should be assisted by its curator to accomplish the acts of disposition (example: selling an apartment).

She can write a will alone or make donations with the assistance of her guardian.

Any decision regarding the protected person’s primary accommodation must be authorized by the judge.

The curator

The curator may take the protective measures strictly necessary to put an end to the dangerous behavior which the adult may have towards himself.

In that case, he shall inform immediately the judge.

In the context of an enhanced trusteeship, the trustee carries out the management acts and may have an inventory of the assets of the person to be protected made.

The curatorship (opening, modification or termination of the measure) shall give rise to a marginal mention on the birth certificate.

This entry makes it possible to render the decision enforceable (incontestable) against the third party after a period of 2 months. However, this time limit does not apply to third parties who have personal knowledge of the measure (having been addressees of the judgment or order issued by the judge).

The duration of the measure shall be fixed by the court for a period of Maximum 5 years, renewable for 5 years.

The judge may decide to renew it for a longer period but not exceeding 20 years if the impairment (degradation) of the faculties of the protected middle finger appears irremediable (i.e. without any possible improvement). In this case, the assent of the doctor, listed by the public prosecutor, is required.

Before the end of the legal protection measure, persons who have applied for it may submit to the protection litigation judge (former guardianship judge) a request for a review of the protected person. You must use the Cerfa form n°14919 and attach documents to your application (the list of documents is in the explanatory note of the Cerfa form). The purpose of this request is to extend the duration of the measure.

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

Who shall I contact

The curatorship measure shall end in the following cases:

  • On the death of the person to be protected
  • 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 advice
  • On expiry of the fixed period, in the absence of renewal
  • If a guardianship measure replaces the guardianship
  • Judgment declaring the measure to be terminated and no longer subject to challenge

The end of the curatorship may be requested by the following persons:

  • Person to protect
  • Spouse, partner, partner
  • Parents
  • Relatives
  • Curator
  • Public Prosecutor

Who can help me?

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