Section 2: Provisions common to protected adults

Persons of full age shall receive such protection of their person and property as their condition or situation makes necessary, in accordance with the procedures laid down in this Title. Such protection shall be introduced and provided with due regard for individual freedoms, fundamental rights and the dignity of the person. Its purpose shall be the interests of the protected person. It promotes, as far as possible, the autonomy of…

The guardianship judge and the public prosecutor exercise general supervision of protective measures within their jurisdiction. They may visit or have visited protected persons and those who are the subject of an application for protection, regardless of the measure ordered or applied for. Persons entrusted with protection are required to comply with their summons and to provide them with any information they require.

The guardianship judge may issue injunctions against the persons entrusted with protection and order those who have not complied to pay the civil fine provided for in the Code of Civil Procedure. He may relieve them of their mission in the event of a clear breach in the exercise thereof, after hearing them or calling on them. He may, under the same conditions, ask the public prosecutor to request the…

Without prejudice to the application of business management rules, the death of the protected person terminates the mission of the person entrusted with protection.

Persons other than the legal representative for the protection of adults carry out legal protection measures free of charge. However, the guardianship judge or the family council if it has been constituted may authorise, depending on the importance of the assets managed or the difficulty of exercising the measure, the payment of an indemnity to the person responsible for protection. It sets the amount. This indemnity is payable by the…

With the exception of aid or subsidies granted by public authorities to legal entities for their general operation, legal representatives for the protection of adults may not, in any capacity or in any form whatsoever, receive any other sum or benefit from any financial advantage directly or indirectly related to the missions for which they are responsible. They may only issue a mandate to search for the heirs of the…

All organs of the judicial protection measure are liable for damage resulting from any fault they commit in the performance of their duties. However, except in the case of reinforced guardianship, the curator and the subrogated curator are only liable for acts performed with their assistance in the case of fraud or gross negligence.

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…

Liability actions are time-barred after five years from the end of the protective measure even if the management would have continued beyond that date. However, where guardianship has ceased by the opening of a guardianship measure, the time limit only runs from the expiry of the latter.

The future protection agent incurs liability for the exercise of his mandate under the conditions provided for in Article 1992. The person authorised pursuant to the provisions of Section 6 of Chapter II of this Title shall be liable to the represented person for the exercise of the authorisation granted to him, under the same conditions.