Guardianship of an adult

Guardianship is addressed to an adult who needs to be represented continuously in the acts of everyday life. This is because of the degradation (alteration) of his faculties or his inability to express his will.

The opening of a guardianship may be requested from the protection litigation judge (former guardianship judge) by one of the following persons:

• Person to protect
• Person who lives in pairs with the person to be protected
• Parent or allied
• Person with the middle finger who has close and stable ties
• Person who already exercises the legal protection measure (guardian or guardian)
• Public Prosecutor

Demand (request) shall contain the following documents:

• Identity of the person to be protected,
• Full copy of birth certificate the person to be protected, less than 3 months old
• Copy (double-sided) of the identity document of the protected person
• Copy (double-sided) of the applicant's identification document
• Detailed medical certificate
• Form cerfa no. 15891

• Statement of facts that indicate the need to implement the measure
• Proof of the relationship between the applicant and the person to be protected (copy of family records, marriage contract, convention of Civil partnerships,...)

• Copy of the identity document and copy of the domicile of the person wishing to perform the functions of an authorized person
• Letters from family members accepting this appointment
• If a sale is planned, at least 2 notices of value of the property

The application is to be made to the protection litigation judge of the court on which the place of residence of the adult to be protected.

The measure shall be proportionate and individualized according to the degree of impairment (degradation) of the personal faculties of the adult to be protected.

1. Summoning the person to be protected

The person to be protected is summoned by the judge.

She has the right to lawyer and may request the court that the president appoint a lawyer of his own motion who will intervene within 8 days of his request.

2. Hearing of the protected or protected person

The hearing is not public.

The judge has an obligation to hear or call the person to be protected. They may be accompanied either by a lawyer or (with the judge's agreement) by a person of their choice.

In the opinion of the physician who established the medical certificateThe judge may decide not to hear the person. However, its decision must be argued accordingly. .

Pending the judgment, the judge may temporarily place the person in safeguard of justice.

3. Appointment of the guardian

The judge shall appoint one or more guardians.

Guardianship can be divided between a guardian responsible for protecting the person (for example, in the case of marriage) and a guardian responsible for managing the property (for example, for making the tax declaration).

The guardian is chosen primarily from among those close to the person to be protected. If this is not possible, the judge appoints a professional, called judicial representative for the protection of adultsentered on a list drawn up by the Prefect.

The judge may also appoint a subrogate guardian responsible, inter alia, for monitoring the acts of the guardian.

In the absence of a subrogate guardian, the judge shall appoint an exceptional guardian who punctual the replacement role of the latter. We're talking about ad hoc tutor.

The guardian shall establish an annual revenue and expenditure account.

If the judge refuses to grant guardianship, only the person who filed the request for guardianship may appeal.

Any person entitled to apply for guardianship (parent, allied,...) may appeal against other decisions of the guardianship judge.

The appeal shall take place within 15 days according to the judgment or the date of its notification for the persons to whom it is notified.

The appeal takes place in a court of appeal, but it must be filed by declaration made or sent by letter RAR: titleContent at the court registry.

Guardianship (opening, modification or termination of the measure) shall give rise to a mention in the margin of the protected person's birth certificate.

Acts of disposition and administration

The judge authorizes the acts of disposition.

The administrative acts can be performed only by the guardian.

Family decisions

The protected person performs certain acts on his own strictly personal (example: recognize a child).

Guardianship does not entail deprivation of parental authority.

Renewal of an identity document

The adult under guardianship can make his or her own application for an identity card, but his or her guardian must be informed.

Marriage and Civil partnerships

To enter into a civil partnership The adult under guardianship may marry or be taken without the authorization of the guardian or the judge.

He must inform his guardian beforehand.

Voting

The adult under guardianship shall personally exercise his right to vote for which he cannot be represented by his guardian.

He may not give power of attorney to any of the following:

• Agent in charge of its protection
• Natural person who is an administrator or an employee (employee or volunteer) in the host institution where he is located
• Home-based employee

File a complaint

The adult under guardianship alone takes decisions concerning his person in so far as his state permits. So he can file a complaint on his own.

Protected person's main dwelling

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

Testament and donations

The adult can make his will alone with the permission of the judge. He can dismiss him alone.

He or she may make donations with the assistance or representation of the guardian, with the authorization of the judge.

The protection litigation judge shall determine the duration of the measure.

It is limited to:

• 5 years
• or 10 years if the impairment of the personal faculties of the person under guardianship will obviously not be able to experience an improvement according to the data acquired by science. The judge may renew the measure directly in the event that a medical certificate produced at the time of the last renewal has indicated that no improvement in the adult's state of health is conceivable. This renewal of the guardianship measure may not exceed 20 years.

The judge may lighten the measure at any time (e.g. reduce the fixed duration).

The measure may end in particular:

• at any time if the judge decides that it is no longer necessary, at the request of the adult or any authorized person (e.g. allied),
• at the end of the fixed period,
• in the case of replacement by a guardian,
• upon the death of the protected person.

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.

To apply for an extension of the protection measure, you must use the cerfa form n°14919 and attach documents. The list of documents can be found in the explanatory note of the Cerfa form.

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

The application is addressed to the protection litigation judge of the court on which the place of residence of the adult to be protected depends.

The guardian's mission ends on the day of the protected person's death.

The guardian must present the accounts within 3 months of the death.

In the event of death without an heir, the guardian must request the appointment of the Domain as curator and transmit to him all the documents in his possession. This request is made to the court of the deceased's home at the time of his death.