Judicial authorization for the representation of the spouse
Verified 17 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Judicial authorization is granted when one of the spouses is unable to express his will on a daily basis, to do or understand everyday acts (buy a car, for example).
The application is made to the protection litigation judge (former guardianship judge).
We present you with the information you need to know.
This authorization consists in a representation of one of the spouses by the other spouse if one of the spouses is unable to express his will on a daily basis, to do or to understand everyday acts.
This may be due to:
- impairment of mental capacity,
- the disease,
- a handicap,
- an accident,
- hospitalization or any other event.
The authorization is decided by the protection litigation judge.
Thus, the authorization allows the spouse authorized by the judge to represent the other spouse and/or to perform certain acts on his or her behalf.
Warning
This is not a protection of the person, but a measure that deals with the management of its assets.
Judicial authorization can be requested regardless of the matrimonial regime (marriage contract).
The request can be made using a form or on free paper.
Form
A form must be filled in:
The form must be accompanied by the following documents:
- Full copy of birth certificate of the spouse who will be represented (the copy must be less than 3 months old)
- Duplex copy (2 sides) of a proof of identity of the spouse who will be represented
- Duplex copy (2 sides) of the proof of identity of the spouse who will be authorized
- Copy of the family booklet
- All the documents that show that the spouse cannot express his or her will (and in particular the medical certificates that prove that his or her state of health prevents him or her from giving consent).
- Full copy of birth certificate of the spouse who will be represented (the copy must be less than 3 months old)
- Duplex copy (2 sides) of a proof of identity of the spouse who will be represented
- Duplex copy (2 sides) of the proof of identity of the spouse who will be authorized
- Copy of the family booklet
- All documents showing that the spouse cannot express his or her will (including medical certificates stating that his or her state of health prevents him or her from giving consent)
FYI
It is necessary to provide attestations from children of full age, certifying that they do not object to the procedure.
The file must be sent to the court judge responsible for the protection of the court where the spouses live.
Depending on the situation, the protection litigation judge may request other documents.
Free Paper
The application must be sent to the court judge responsible for the protection of the court of the place of residence of the spouses.
Who shall I contact
It must be accompanied by the following documents:
- Full copy of birth certificate of the spouse who will be represented (the copy must be less than 3 months old)
- Duplex copy (2 sides) of a proof of identity of the spouse who will be represented
- Duplex copy (2 sides) of the proof of identity of the spouse who will be authorized
- Copy of the family booklet
- All documents showing that the spouse cannot express his or her will (including medical certificates stating that his or her state of health prevents him or 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.
depending on the situation, the protection litigation judge may request additional documents.
The judge shall hear the spouses and any other person he considers necessary.
However, he may, by reasoned decision and on the advice of the doctor who has examined the spouse to be represented, decide that there is no need to hear him.
For example, if this measure could harm his or her health or if he or she is unable to express himself or herself (for example, if he or she has Alzheimer's disease).
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.
He shall ensure that the application complies with the property interests of the spouse for whom authorization is sought.
The authorized spouse (and any third parties whose interests may be affected by the judgment) shall receive a copy of the judgment.
An appeal may be lodged by declaration or registered letter with acknowledgement of receipt at the court registry within 15 days of the judgment or the date of its notification.
Unless the judge has decided otherwise, the spouse who has been granted the authorization may only carry out administrative acts.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Service free
The informants who answer you are from the Department of Justice.
- Doctor
- Legal permanence
- House of Justice and the Law
Enabling by the courts
Application for authorization
Application for authorization
Application for authorization
Proceedings before the protection litigation judge (Article 1289)
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