Any person who is unable to look after his or her own interests by reason of medically diagnosed impairment of either his or her mental faculties or physical faculties such as to prevent the expression of his or her wishes may benefit from a legal protection measure provided for in this chapter. Unless otherwise provided, the measure is intended to protect both the person and his or her property interests….
The protected person’s home and the furniture with which it is furnished, whether a principal or secondary residence, are kept at the protected person’s disposal for as long as possible. The power to administer the property mentioned in the first paragraph only allows for precarious enjoyment agreements which cease, despite any provisions or stipulations to the contrary, as soon as the protected person returns to their home. If it becomes…
The person responsible for the protective measure may not close any accounts or passbooks opened in the name of the protected person before the measure was pronounced. Nor may he or she open another account or passbook with a new institution authorised to receive funds from the public. The guardianship judge or the family council if it has been constituted may, however, authorise him or her to do so if…
Judicial protection measures may only be ordered by the judge in cases of necessity and where the person’s interests cannot be sufficiently provided for by implementing the future protection mandate concluded by the person concerned, by applying the rules of common law on representation, those relating to the respective rights and duties of spouses and the rules of matrimonial property regimes, in particular those provided for in articles 217, 219,…
Judicial protection measures may be initiated for emancipated minors as well as for adults. For unemancipated minors, the application may be lodged and judged during the last year of their minority. However, the judicial protection measure does not take effect until the minor reaches the age of majority.
The application to open the measure may be made to the judge by the person who needs to be protected or, as the case may be, by his or her spouse, the partner with whom he or she has entered into a civil solidarity pact or his or her cohabiting partner, unless life together has ceased between them, or by a relative or ally, a person who has a close…
The application must be accompanied, on pain of inadmissibility, by a detailed certificate drawn up by a doctor chosen from a list drawn up by the public prosecutor. This doctor may seek the opinion of the doctor treating the person who should be protected. The cost of this certificate is set by decree in the Conseil d’Etat. When a matter is referred to the public prosecutor by a person other…
The judge rules, the person being heard or called. The person concerned may be accompanied by a lawyer or, subject to the judge’s agreement, by any other person of his or her choice. The judge may, however, by specially reasoned decision and on the advice of a doctor on the list referred to in article 431, decide that there is no need to proceed with the hearing of the person…
The judge may place under court protection a person who, for one of the reasons set out in Article 425, needs temporary legal protection or representation to perform certain specified acts. This measure may also be ordered by the judge, in proceedings for curatorship or guardianship, for the duration of the proceedings. As an exception to Article 432, the judge may, in an emergency, rule without having heard the person….
Safeguard of justice may also result from a declaration made to the public prosecutor under the conditions set out in the article L. 3211-6 du code de la santé publique.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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