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Judicial authorization for the representation of the spouse

Verified 28 février 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The spouse's authorization allows one spouse to represent the other and to act on his or her behalf. The application shall be made to the Protection Litigation Judge. It is recommended to have the agreement of the children of age.

The authorization of the spouse consists of a representation decided by the protection litigation judge for the benefit of one of the two spouses. It allows one of the spouses to represent the other, to perform certain acts on his behalf or to represent him in general.

  FYI : it is recommended to provide attestations from children of full age, certifying that they do not object to the procedure.

A spouse may not be able to express his or her will on a daily basis, to do or understand everyday acts. This can be related to mental impairment, but also to illness, disability, accident, hospitalization or any other event.

Judicial authorization for the purpose of representing the spouse allows one spouse to represent the other, and to act on his behalf.

The judicial authorization is applicable even if the spouse whose representation is requested is already placed, by reason of his state of health, under a general regime of protection of persons.

This is a measure applicable to all matrimonial property regimes without exception.

Request to judge

The application may be made on free paper or by means of form cerfa n°15891*02.

Application for legal protection of an adult (family or legal)

Cerfa n° 15891*03 - Ministry of Justice

It shall be accompanied by the following documents:

  • Full copy of birth certificate of your spouse, less than 3 months 
  • Duplex copy (both sides) of your spouse's proof of identity 
  • Duplex copy (both sides) of your credential 
  • Copy of family booklet
  • Set of evidence that your spouse cannot express his or her will (including medical certificates that prove that his or her health prevents him or her from giving consent).

This list of supporting documents does not exclude that the protection litigation judge may ask you for other documents.

The file must be sent to the protection litigation judge of the court of your residence.

Request statement

The judge will hear from you and your spouse and any other person he or she deems useful.

However, he may, by a specially reasoned decision and on the advice of the doctor who examined your husband (wife), decide that it is not necessary to proceed with his hearing. For example, if it is likely to harm her health, or if she is unable to express herself.

Decision of the judge

The judge may make his or her decision on the day of the hearing or may take the decision under advisement, that is, provide for another date to make his or her judgment known.

It shall decide on the appropriateness, conditions and extent of judicial authorization: general representation or for specific acts. He/she shall ensure that the application is in accordance with the economic interests of the prevented spouse.

You will receive a copy of the judgment (as well as any third parties whose interests may be affected by the judgment). You will have the opportunity to appeal by declaration or registered letter with acknowledgement of receipt to the court registry within 15 days of the judgment or the date of its notification.

Apart from any indication in the decision, the applicant's powers are limited to administrative acts..