Chapter III: Legal support measures

When the measures implemented pursuant to articles L. 271-1 to L. 271-5 of the Code de l’action sociale et des familles (Social Action and Family Code) for the benefit of an adult person have not enabled the person to manage their social benefits satisfactorily and their health or safety is compromised as a result, the guardianship judge may order a legal support measure designed to restore the person’s autonomy in…

The judicial support measure may not be ordered if the person is benefiting from a legal protection measure provided for in Chapter II of this title. The order of a legal protection measure automatically terminates the judicial support measure.

The judicial support measure may only be ordered at the request of the public prosecutor, who assesses whether it is appropriate in the light of the social services report provided for in article L. 271-6 of the Code de l’action sociale et des familles. The judge rules, the person heard or called.

Subject to the provisions of article 495-7, a judicial support measure does not entail any incapacity.

The judicial support measure relates to the management of social benefits chosen by the judge, when the measure is pronounced, from a list set by decree. The judge rules on any difficulties that may arise in the implementation of the measure. At any time, he may, of his own motion or at the request of the protected person, the judicial representative for the protection of adults or the public prosecutor,…

The benefits for which the children’s judge has ordered the measure provided for in article 375-9-1 are automatically excluded from the judicial support measure. The persons responsible respectively for the implementation of a measure provided for in article 375-9-1 and a judicial support measure for the same household shall inform each other of the decisions they take.

Only a judicial agent for the protection of adults registered on the list provided for in article L. 471-2 of the Code de l’action sociale et des familles may be appointed by the judge to carry out the judicial support measure.

The judicial representative for the protection of adults receives the benefits included in the judicial support measure from an account opened in the person’s name with an establishment authorised to receive funds from the public, under the conditions set out in the first paragraph of article 472, subject to the provisions applicable to protective measures entrusted to persons or services acting on behalf of health establishments and social or medico-social…

The judge sets the duration of the measure, which may not exceed two years. He may, at the request of the protected person, the agent or the public prosecutor, renew it by specially reasoned decision without the total duration exceeding four years.

The provisions of Title XII relating to the preparation, audit and approval of accounts and to prescription which are not incompatible with those of this chapter shall apply to the management of the social benefits provided for in Article 495-7.