Guardianship, curatorship, safeguarding justice: how to obtain the medical certificate?

Verified 07 November 2023 - Legal and Administrative Information Directorate (Prime Minister)

In order for your application for a judicial protection measure (guardianship, curatorship or safeguard of justice) to be admissible, it must be accompanied by a detailed certificate. To obtain this certificate, you must contact a doctor on a list drawn up by the public prosecutor. We explain the process to follow.

The detailed medical certificate shall:

  • Describes the degradation (alteration(b) the person's abilities
  • Provides the protection litigation judge with any information on the foreseeable evolution of this alteration
  • Clarifies the consequences of this alteration on the need to be assisted or represented in civil life
  • Indicates whether the person’s hearing is likely to be detrimental to his or her health or whether the person is unable to express his or her will in relation to the situation.

This certificate must be prepared by a physician on a list established by the public prosecutor.

That doctor cannot be the doctor treating the protected person. However, the doctor who writes the detailed medical certificate has the opportunity to ask the doctor treating the person to be protected for his opinion.

Warning  

If the person to be protected refuses to see that doctor, a certificate shall be drawn up on the basis of the relevant medical documents and, where appropriate, after contacting the doctor treating the person to be protected.

The list of doctors who can issue the certificate is available from the registry of the protection litigation judge (former guardianship judge) of the court on which the person to be placed under protection depends.

Who shall I contact

Please note

some courts publish the list of qualified doctors on their websites.

The cost of the medical certificate is €192 (€160 excluding tax).

Its cost shall be borne by the protected adult, unless he does not have sufficient resources or the judge decides otherwise.

Travel expenses may be added if the person cannot travel and the medical expert has to go to his or her home.

Warning  

not all licensed physicians travel to their homes.

If the person who is the subject of the request does not attend the appointment, a lump sum of €30 will have to be paid.

This certificate is given by the doctor, to the applicant, under sealed cover, for the exclusive attention of the public prosecutor or the judge of litigation and protection (former guardianship judge).

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