Section 3: Legal protection

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.

The person placed under court protection retains the exercise of his or her rights. However, he or she may not, on pain of nullity, perform any act for which a substitute decision-maker has been appointed pursuant to Article 437. The acts he has performed and the commitments he has entered into during the period of the measure may be rescinded for simple injury or reduced in the event of excess…

The mandate by which the protected person has entrusted another person with the administration of his property continues to have effect during the safeguard of justice unless it is revoked or suspended by the guardianship judge, the mandatary being heard or called. In the absence of a mandate, the rules of business management apply. Those who are entitled to request the opening of a curatorship or guardianship are obliged to…

If there is reason to act outside the cases defined in Article 436, any interested party may give notice to the judge. The judge may appoint a special representative, under the conditions and in accordance with the procedures set out in articles 445 and 448 to 451, for the purpose of carrying out one or more specific acts, even of disposal, made necessary by the management of the protected person’s…

The mandataire spécial may also be entrusted with a mission to protect the person in compliance with articles 457-1 to 463.

On pain of lapsing, the safeguard of justice measure may not exceed one year, renewable once under the conditions set out in the fourth paragraph of Article 442. When the safeguard of justice has been pronounced pursuant to Article 433, the judge may, at any time, order its release if the need for temporary protection ceases. When the safeguard of justice has been opened pursuant to Article 434, it may…