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What is the cost of a guardianship or curatorship?
Verified 01 octobre 2021 - Legal and Administrative Information Directorate (Prime Minister)
The medical certificate
The cost of the medical certificate is €192 (€160 tax-free).
The doctor's certificate required for the initiation of judicial protection measures (guardianship, or curatorship) is the responsibility of the person to be protected.
The medical opinion
When the judge decides that the person to be protected should not be heard, medical advice is required.
The cost of this notice is €25.
This amount is due only when this notice is not included in the medical certificate.
When public prosecutor or the protection litigation judge (former guardianship judge) so request, the cost of the medical certificate or medical opinion is not borne by the person to be protected.
The judicial procedure for establishing a guardianship or curatelle is free.
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If the person is close to the protected person
The measure may be exercised as free, if it has been entrusted to one of the following persons:
- Person with whom the minor or protected adult lives as a couple
- Family member (for example: father, mother, brother)
- Close (for example: friend
However, the protection litigation judge or the family council may authorise the payment of compensation the person responsible for the protection.
This allowance depends on the importance of the assets under management (for example: if the protected person has significant assets) or difficulty in exercising the measure).
The judge or family council shall determine the amount of the allowance.
It is the responsibility of the protected person.
If it is a judicial agent
The protected person must participate in the financing based on his or her income. This participation is monthly.
The revenue taken into account is that received in the year preceding the implementation of the measure.
Pick by slice like income tax.
Annual income band | Percentage | Maximum amount in tranche | Cumulative maximum amount |
|---|---|---|---|
Between 10,843 and €19,074 included | 10% | €823.04 | €823.04 |
Between €19,074 and €47,684.00 included | 23% | €6,580.39 | €8,487.75 |
Between €47,684.00 and €114,441.60 included | 3% | €2,002.73 | €10,490.48 |
After opinion public prosecutor, the judge may, exceptionally, grant the agent additional allowance. The object of the procedure shall be to perform an act or series of acts requiring particularly long or complex work. For example:
- Settlement of an estate
- Monitoring of judicial or administrative procedures
- Sale of property
- Family Conflict Management
The agent must submit his or her claim, together with the supporting necessary, to the protection litigation judge (or to the family council if he is appointed).
The representative must justify exceptional character the workload and inadequacy of the amounts collected.
The judge may invite the judicial representative to provide further explanations. Travel or accommodation costs may be added to this additional allowance. These allowances are payable by the protected adult.
Exceptionally, the Prefect may temporarily grant an exemption from part or all of the protected person's participation in any of the following situations:
- Special difficulties related to the existence of debts incurred by the protected person before the opening of the guardianship or guardianship
- Need to meet imperative expenses