What is the cost of a guardianship or curatorship?
Verified 01 August 2022 - Legal and Administrative Information Directorate (Prime Minister)
The establishment of guardianship or a curatelle is free. However, the medical certificate required to initiate the procedure shall be at the expense of the protected person. The same applies if the measurement is provided by agent.
Medical Certificate
The cost of the medical certificate is €192 (€160 tax-free).
It is the responsibility of the person to protect.
Medical
The cost of the notice is €25.
This amount is due only when this notice is not included in the medical certificate.
The opinion of the expert doctor is necessary judge. This is the only way the judge can dispense the protected person from being heard (for example, Alzheimer's).
It may also be the case that the court registry is in one of the following situations:
- He receives an expert's opinion in which the expert has failed to specify whether the person to be protected can be heard or not
- He receives expertise that is too old, but the health of the person to be protected has deteriorated and the judge is no longer able to hear it.
In these cases, the expert does not redo all the expertise and simply provides his or her detailed opinion on whether or not the person to be protected has been heard.
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 payment of compensation the person responsible for the protection.
This allowance depends on the size 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 amount of the interest varies depending on the income of the protected person.
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 11,038 and €20,147.40 included | 10% | €819.91 | €819.91 |
Between €20,147.40 and €48,093.50 included | 23% | €6,636.90 | €8,560.64 |
Between €48,093.50 and €115,424.40 included | 3% | €2,019.93 | €10,580.57 |
After opinion public prosecutor, the judge may grant the judicial representative, exceptionally, 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 the protection litigation judge (or family council if it is constituted).
The representative must justify the exceptional nature of the workload and the inadequacy of the sums 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 a reduction of part or the removal of all 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
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Administrative information by telephone - Allo Public Service
The Allo Public Service is currently disrupted. We apologise for this.
The informants who answer you are from the Ministry of Justice.
Cost: free service
Service available during the following hours:
- Monday: 8:30 - 17:30
- Tuesday: 8:30 - 12:15
- Wednesday: 8:30 - 12:15
- Thursday: 8:30 - 17:30
- Friday: 1 pm to 4.15pm
- Judicial officer
- Civil Code: Articles 415 to 424Allowance for the member of the protective staff (Article 419)
- Code of Criminal Procedure: Article R217-1Medical Certificate Cost
- Code of Social Action and Families: Articles D471-1 to D471-19Resources used to determine the protected person's financial contribution (R471-5-2 and R471-5-3)
- Code of Social Action and Families: R472-8Remuneration of natural persons engaged in the activity of judicial agent for the protection of adults on an individual basis (Article R472-8)
- Decree No. 2008-1554 of 31 December 2008 on the participation of protected persons in the financing of their protection measureConditions for the financial contribution of the protected person (Article 2)
- Code of Social Action and Families: Article D471-6Exceptionally additional compensation for legal agents for the protection of minors
- Decree No. 2010-1404 of 12 November 2010 fixing the additional allowance for legal agents for the protection of adultsConditions for the application of the supplementary allowance to the protected person (Article 3)
- Order of 31 August 2018 on the determination of the cost of protective measures exercised by legal agents for the protection of adults