Paragraph 5: Decisions of the guardianship judge

At the hearing, the judge hears the applicant for protection, the adult to be protected, unless the judge applies the provisions of the second paragraph of article 432 or 494-4 of the Civil Code and, where appropriate, the public prosecutor. The parties’ lawyers, where they have constituted one, shall be heard in their observations. The case is heard and judged in chambers.

An application for the protection of a person of full age lapses if the guardianship judge has not given a ruling on it within the year in which it was referred to him or her.

When applying article 442 or paragraph 5 of article 494-6 of the Civil Code, the judge shall rule after hearing or calling the protected person under the conditions provided for in articles 1220 to 1220-2 of the present code and obtained the opinion of the person responsible for protection. Its decision is notified under the conditions provided for in articles 1230 to 1231 of the same code. However, where it…

With the exception of cases where he orders an adversarial hearing pursuant to article 1213, the judge shall rule on requests sent to him or her after protection has been granted by the protected adult or the person responsible for his or her protection within three months of receiving them, unless they require information to be gathered, additional documents to be produced, an investigative measure to be taken or any…