How is the procedure for applying for protection of an adult?
Verified 06 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)
In order to decide whether a person of full age should be granted legal protection (for example, guardianship or guardianship), the judge must hear the person concerned and the person who made the request. The hearing is not open to the public. It may take place in particular in the court on which the place of residence of the protected adult depends or to be protected. Once the hearings have been completed, the application must be dealt with by the judge in the year in which it was heard.
The opening of a measure of legal protection of the adult (protection of justice, guardianship, guardianship) may be requested from the judge of protection disputes by the following persons:
- the person to be protected himself or herself, or the person with whom he or she lives as a couple (i.e. the spouse, partner or spouse),
- a parent or ally,
- a person with close and stable ties with the adult,
- the person who is already exercising the legal protection measure (curator or guardian).
The request is called query..
The application may also be submitted by the public prosecutor who makes this request:
- on its own initiative,
- at the request of a third party (e.g., doctor, director of a health institution, social worker).
The measure shall be proportionate and individualized according to the degree of loss of personal faculties of the person concerned.
The right to lawyer shall be mentioned in the summons addressed to the person to be protected.
Therefore, in any application for protection, the adult may be assisted by a lawyer.
The person to be protected may also apply to the court for a lawyer to be appointed by the president. This designation must be made within 8 days of the application.
Before deciding to place a person of full age under guardianship or supervision, the judge shall first hear the person alone or accompanied by a person of his choice (lawyer or trusted person).
The query for the purpose of initiating a measure of protection of an adult, failing which the following shall be inadmissible:
- a detailed medical certificate,
- identity of the person to be protected
- and the statement of facts indicating the need to implement the measure (curatorship or guardianship).
The request also mentions:
- persons belonging to the entourage of the adult to be protected (for example, his spouse, his partner in Pacs, etc.),
- if applicant knows him, the name of the attending physician of the person to be protected.
The applicant shall, to the extent possible, specify the elements concerning the family, financial and property status of the adult.
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 application must contain the following documents:
- Full copy of birth certificate of the person to be protected, less than 3 months
- Duplex copy of the identity document of the person to be protected
- Duplex copy of the applicant's identity document
- Detailed medical certificate
- Completed Cerfa Application Form 15891
according to the judicial protection chosen (guardianship, curatorship ...), the judge may ask for other documents (family register, marriage contract or Pacs agreement...).
Hearing of protected or protected person
The hearing of the person may take place:
- the seat of the court on which the place of residence of the protected adult or to be protected depends, or
- where the protected person usually resides. For example, in the treatment or accommodation establishment of the protected or protected person,
- in any other appropriate place.
The judge is under an obligation to hear or call the protected or protected person. The protected person may be accompanied by:
- a lawyer,
- subject to the agreement of the judge, by any person of his choice.
At the request of any person concerned or on his own initiative, the protection litigation judge may order that the examination of the application be given adversarial debate..
The judge may decide, after consulting the doctor who established the medical certificate, not to hear the person:
- if she cannot express her will
- or if the hearing can harm his health.
The judge must give reasons for his decision, which is notified to the applicant and the lawyer of the adult. Pending judgment, the judge may temporarily place the person in custody safeguarding justice..
the hearing is not public.
If he considers it appropriate, the judge may proceed to the hearing:
- the spouse, partner or spouse of the protected adult,
- a parent or ally protected adult,
- a person with close and stable ties with the protected adult,
- the person exercising (already) the legal protection measure (curator or guardian),
- from public prosecutor..
The hearing may also take place in the presence of the doctor treating the protected person.
the person who applied for protection is automatically heard.
The judge may order any measure of investigation:
- on its own initiative,
- at the request of the parties or public ministry..
In particular, he may have a social investigation or findings carried out by any person of his choice.
Once the investigation of the case has been completed, the judge shall send the case to the public prosecutor, at least 1 month before the date fixed for the hearing.
The application must be dealt with by the judge in the year in which it was submitted, or it may lapse.
- Code of Civil Procedure: Articles 1220 to 1221-2Request statement
- 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 1219-1