Chapter X: Legal protection of minors and adults

The declaration for the purposes of legal protection provided for by Article L. 3211-6 of the Public Health Code is sent to the public prosecutor for the place of treatment. Where appropriate, the latter will notify the public prosecutor for the place of the protected adult’s habitual residence.

The decision by which the guardianship judge places an adult under court protection pursuant to Article 433 of the Civil Code is notified to the applicant and the protected adult and is forwarded to the public prosecutor. The latter shall, where appropriate, notify the public prosecutor of the place of habitual residence of the person concerned or the place of treatment. This placement may not be appealed.

The persons mentioned in Articles 1230 and 1230-1 may appeal against the decision by which the guardianship judge appoints a substitute decision-maker by application of the second paragraph of article 437 of the Civil Code or subsequently modifies the powers of this mandatary.

The public prosecutor who receives the declaration for the purposes of safeguarding justice provided for by article L. 3211-6of the Public Health Code or the decision of the guardianship judge provided for in Article 1249 mentions them on a register specially kept for this purpose. The declaration for the purpose of terminating the safeguard, the decision of the guardianship judge terminating the safeguard as well as the striking off are…

May obtain from the public prosecutor a copy of the declaration for the purposes of safeguarding justice mentioned in the first paragraph of article 1251 or of the decision of the guardianship judge provided for in article 1249 : 1° The judicial authorities; 2° Persons who are entitled, under article 430 of the Civil Code, to request the opening of a protective measure; 3° Lawyers, notaries and bailiffs who can…

When the assets of an adult placed under court protection are in danger of being jeopardised, the public prosecutor or the guardianship judge may take any protective measures and, in particular, request or order the affixing of seals. In the event of difficulty, the judicial officer shall inform the guardianship judge or the public prosecutor. The costs incurred by these measures are treated in the same way as the legal…

If it appears that the consistency of the property does not justify the affixing of seals, the public prosecutor or the guardianship judge may request any bailiff, the police commissioner, the commander of the gendarmerie brigade or the mayor, to draw up a descriptive inventory of the furniture and, if the premises are unoccupied, to ensure their closure and to keep the keys. The keys are returned to the protected…