Where the fault causing the damage was committed in the organisation and operation of the protection measure by the guardianship judge, the director of the judicial registry services of the judicial court or the registrar, the liability action brought by the protected person or person who has been protected or by his heirs is directed against the State, which has a recourse action.
Where the fault that caused the damage was committed by the judicial representative for the protection of adults, the liability action may be directed against the latter or against the State, which has a recourse action.