Judicial authorization for the representation of the spouse

Verified 22 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)

As a spouse, the judicial authorization allows you to represent your spouse and act on his or her behalf. This measure is put in place when the other spouse is unable to express his or her will on a daily basis, to do or understand everyday acts. The application is made to the protection litigation judge (ex guardianship judge). It is recommended to have the agreement of adult children.

This authorization consists of a representation, decided by the protection litigation judge, of one of the spouses vis-à-vis his/her spouse. Indeed, your spouse may not be able to express his/her will on a daily basis, to do or understand everyday acts.

This can be caused by, for example:

  • impairment of mental capacity,
  • the disease,
  • a handicap,
  • an accident,
  • hospitalization or any other event.

Thus, the authorization allows you to represent him/her and/or to perform certain acts on his/her behalf.

Judicial authorization can be requested regardless of your marital status (i.e. your marriage contract).

Ask the judge

The application can be made on free paper or using this form:

Application to the guardianship judge: application for judicial authorization for the purpose of representing the spouse

It must be accompanied by the following documents:

  • Full copy of birth certificate of your spouse (the copy must be less than 3 months old)
  • Double-sided copy (2 sides) of your spouse's proof of identity 
  • Two-sided copy (2 sides) of your credential 
  • Copy of the family booklet
  • All the documents that show that your spouse cannot express his/her will (including the medical certificates that prove that his/her state of health prevents him/her from giving consent).

FYI  

it is necessary to provide attestations from children who have reached the age of majority, certifying that they do not oppose the procedure.

The protection litigation judge may ask you for other documents.

If you make the request by mail, the file must be sent to the protection litigation judge of the court of your residence.

Who shall I contact

Examination of the request

The judge will interview you with your spouse and any other person he or she deems necessary.

However, he may, by reasoned decision and on the advice of the doctor who examined your husband (or wife), decide that there is no need to proceed with his hearing. For example, if this measure is likely to harm his or her health, or if he or she is unable to speak.

Decision of the judge

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

It decides on the appropriateness, conditions and scope of judicial authorization: general representation or for certain specific acts.

It shall ensure that the application complies with the property interests of the spouse prevented from attending (i.e. the spouse for whom the authorization is sought).

You will receive a copy of the judgment (and any third parties whose interests may be affected by the judgment).

You will have the opportunity to appeal by registered statement or letter with acknowledgement of receipt to the court registry within 15 days of the judgment or the date of its notification.

Unless the judge has decided otherwise, the authorized spouse may only administrative acts.

Application to the guardianship judge: application for judicial authorization for the purpose of representing the spouse

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