Paragraph 2: Examination of the application

The guardianship judge may, in all cases where he or she is obliged or considers it useful to hear the person to be protected or protected, travel throughout the jurisdiction of the court of appeal as well as in the départements bordering the one where he or she exercises his or her functions. The same rules apply to magistrates of the court of appeal in the event of an appeal.

The hearing of the person may take place at the seat of the court, at the place where the person usually resides, at the treatment or accommodation establishment or at any other appropriate place. The hearing is not public. The judge may, if he or she considers it appropriate, conduct the hearing in the presence of the attending physician or any other person. The lawyer of the person to be…

The judge’s decision that there is no need to proceed with the hearing of the adult to be protected or protected pursuant to the second paragraph of article 432 or article 494-4 of the Civil Code is notified to the applicant and, where applicable, to the adult’s lawyer. By the same decision, the judge orders that the adult of full age be informed of the proceedings initiated in a manner…

The guardianship judge may only rule on a petition concerning a protected adult of full age and relating to the protection of his person after having heard or called the latter unless the hearing is likely to harm the health of the person concerned or if the latter is incapable of expressing his wishes.

The judge shall, if he considers it appropriate, hear the persons listed in articles 430,494-1 and 494-10 du code civil. This hearing is a matter of right when it is requested by a person applying for protection. In application of the provisions of the second paragraph of article 494-4 of the Civil Code, the judge shall establish the support or absence of legitimate opposition of the persons referred to in…

A guardianship judge hearing the case of a minor may check with the juvenile court judge whether educational assistance proceedings have been opened and ask the latter to send him copies of documents from the case in progress, in accordance with the procedures defined in article 1187-1.

On being informed that educational assistance proceedings have been opened in respect of the minor, the guardianship judge shall, at the request of the children’s judge, transmit a copy of any document that the latter considers useful.