Tutelle of a major
Verified 19 March 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Guardianship is a judicial measure designed to protect a person of age and/or all or part of his estate if he is no longer able to look after his own interests. A guardian represents her in the acts of civil life. The judge may, at any time, list acts that the person may or may not do alone, on a case-by-case basis.
Guardianship is for a person of age who needs to be continuously represented in the acts of civil life:
- due to impairment of mental faculties
- or when she is physically unable to express her will.
Request
The opening of a guardianship may be requested from the protection litigation judge by one of the following persons:
- No one to protect
- Person who lives couple with the person to protect
- Parent or ally
- Person with middle finger close and stable ties
- Person who (already) exercises the legal protection measure (curator or guardian)
- Public Prosecutor
The measure shall be proportionate and individualised according to the degree of impairment of the personal faculties of the person concerned.
The application must include the following documents:
- Full copy of birth certificate of the person to be protected, less than 3 months
- Duplex copy of the person to be protected
- Duplex copy of applicant's ID
- Detailed medical certificate
- Completed Cerfa Application Form #15891
Application for legal protection of an adult (family or legal protection)
- Proof of the relationship between the applicant and the person to be protected (copy of family records, marriage contract, civil partnership agreement etc.),
- Copy of the identity document and copy of the domicile of the person who wishes to perform the duties of authorised person
- Letters from family members accepting this appointment
- If a sale is planned, at least 2 property value notices
The application shall be addressed to the protection litigation judge of the court on which the place of residence of the adult to be protected depends.
Who shall I contact
Query Shape
The query shall include:
- the medical certificate,
- the identity of the person to be protected,
- a statement of facts indicating the need to implement the measure.
Convocation of the person to be protected
The person to be protected is summoned by the judge.
The right to lawyer is mentioned in the notice of meeting.
The person to be protected may also apply to the court for the bearer to appoint a lawyer who will act within 8 days of his application.
Hearing of the protected or protected person
The hearing is not public.
The judge is obliged to hear or call the person to protect who may be accompanied by:
- a lawyer,
- or, with the consent of the judge, by the person of his choice.
After opinion of the doctor who established the medical certificate, the judge may decide not to hear the person. His decision is justified.
Pending judgement, the judge may temporarily place the person in safeguarding justice.
Please note
the person requesting protection is automatically heard.
Guardian designation
The judge appoints one or more guardians. The guardianship can be divided between a guardian responsible for the protection of the person (for example, in case of marriage) and a guardian responsible for the management of the property (for example, to make the tax declaration).
The guardian is chosen first and foremost from the relatives of the person to be protected. If this is not possible, the judge shall appoint a professional, called judicial officer for the protection of minorson a list drawn up by the prefect.
The judge may also designate subrogate in particular to monitor the acts of the guardian.
In the absence of a substitute guardian, the judge appoints an ad hoc tutor.
The guardian shall establish an management account.
call
In the event of a refusal by the judge to grant guardianship, only the person who filed the application for guardianship may appeal.
Any person entitled to apply for guardianship (parent, ally etc.) may appeal other decisions of the guardians' judge.
The appeal shall take place within 15 days following the judgement or the date of its notification for the persons to whom it is notified. The appeal shall be heard in a court of appeal but shall be made by statement made or sent by letter RAR: titleContent the court registry.
The guardianship (opening, modifying or ending of the measure) gives rise to mention carried on the margins of the protected person's birth certificate.
Disposition and administration
The judge authorises the disposition.
The administrative acts can only be done by the guardian.
Family decisions
The protected person performs certain acts alone strictly personal (example: recognise a child).
Guardianship does not result in deprivation of parental authority.
Renewal of an identity document
The adult under guardianship can apply for an identity card alone but guardian must be informed.
Marriage and Civil partnerships
The guardianship adult may marry or enter into a civil partnership without the permission of the guardian or the judge.
He must inform his guardian beforehand.
Vote
The adult in guardianship exercises his or her right to vote for which he or she cannot be represented by his or her guardian.
He or she may not give power of attorney to any of the following:
- Agent in charge of its protection
- Physical person who is a director or employee (employee or volunteer) in the host institution where he is
- Home
Complaint
The adult in guardianship alone takes decisions concerning his person to the extent that his condition allows it. He can therefore lodge a complaint alone.
Protected person's primary dwelling
Any decision concerning the principal dwelling of the protected person must be authorised by the judge.
Testament and donations
The adult can make his will alone with the authorisation of the judge. He can revoke it alone.
The guardianship major may make donations by being assisted or represented by the guardian, with the authorisation 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 person's personal faculties is clearly not likely to improve according to the data acquired by science. The judge may renew the measure directly if a medical certificate issued at the last renewal indicated that no improvement in the health status of the adult was possible. This renewal of the guardianship measure may not exceed 20 years.
The judge can lighten the measure at any time (for example, shorten the time limit).
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 other qualified person (for example, a parent, a ally etc.),
- at the end of the fixed period,
- if replaced by a curatelle,
- on the death of the protected person.
Before the end of the legal protection measure, these persons may apply to the protection litigation judge for a review of the protected person (form cerfa n°14919*03). This request is to extend the duration of the measure.
Application to the Guardian Judge - Re-examination of a measure of judicial protection of a major
The application shall be addressed to the protection litigation judge of the court on which the place of residence of the adult to be protected depends.
Who shall I contact
The guardian's mission ends on the day the protected person dies.
The guardian must present the accounts within 3 months of death.
In case of death without inheritance the guardian must request the appointment of the Domain as trustee and forward all documents in his possession. This request is made to the court of the deceased's domicile at the time of his death.
Who shall I contact
- Electoral Code: Articles L1 to L6
- Civil Code: Rule 418Death of protected person: end of protection
- Civil Code: Articles 425 to 427General provisions on guardianship of a person of age
- Civil Code: Articles 428 to 432Provisions on judicial measures
- Civil Code: Article 440Trusteeship pronounced
- Civil Code: 457-1 to 463Effects of guardianship
- Civil Code: Articles 510 to 514Deadline for completion of mission (514)
- Code of Civil Procedure: Articles 1211 to 1216General provisions on guardianship
- Code of Civil Procedure: Articles 1216-1 to 1216-3Information to be sent to the public prosecutor before referral to the judge
- Code of Civil Procedure: Articles 1217 to 1219-1Application for guardianship
- Code of Civil Procedure: Articles 1220 to 1221-2Guardianship Request Statement
- Code of Civil Procedure: Articles 1222 to 1224Consultation and issue of copies
- Code of Civil Procedure: Article 1225Submission of the case to the Public Prosecutor
- Code of Civil Procedure: Articles 1226 to 1229Decision of the protection litigation judge
- Code of Civil Procedure: Articles 1230 to 1231Notification of the judge's decision
- Code of Civil Procedure: Article 1233Execution of decision
- Code of Civil Procedure: Articles 1234 to 1235Provisions relating to the family council
- Code of Civil Procedure: Article 1236Family tip: provisions on minors
- Code of Civil Procedure: Articles 1237 to 1238Family tip: provisions relating to major
- Code of Civil Procedure: Articles 1239 to 1247Appeal of the decision of the protection and deliberation litigation judge of the family council
- Code of Civil Procedure: Articles 1253 to 1254-1Asset Management
- Code of Civil Procedure: Articles 1255 to 1257Guardian designation
- Code of Criminal Procedure: Article R217-1Cost of the detailed certificate
- Code of Criminal Procedure: Article R224-2Certification procedure
- Decree No. 2008-1484 of 22 December 2008 on the acts of management of the assets of persons placed in the care or guardianship
FAQ
- Tutelle, curatelle, safeguarding justice: what differences?
- Who can apply for guardianship, guardianship or safeguarding of justice?
- Application for guardianship, curatelle etc. : how do i get the medical certificate?
- How does the procedure for applying for protection of an adult proceed?
- Who can be appointed curator, guardian or special agent?
- How can relatives control the actions of the guardian or curator?
- What is the cost of a guardianship or curatorship?
- What is a marginal entry on a civil registration document?
- Can a protected adult (guardianship, curatorship...) apply for an identity document?
- Abuse of WeaknessService-Public.fr
- Tutorial space (Ministry of Justice)Ministry of Justice