Section 2: Provisions common to judicial measures

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…