The guardianship judge with territorial jurisdiction is that of the habitual residence of the person to be protected or protected or that of the domicile of the guardian.
The guardianship judge and the public prosecutor have the option of having a doctor examine adults covered by article 416 of the Civil Code.
At the request of any interested party or ex officio, in particular where Articles 217 and 219, the second paragraph of Article 397, of Article 417, the fourth paragraph of Article 459, of Article 459-2, the second and third paragraphs of Article 469, 4° of article 483, of article 484 or the article 494-10 of the Civil Code, the guardianship judge may order that the examination of the application give…
In any proceedings relating to the pronouncement, modification or release of a protective measure, the adult to be protected or protected may choose a lawyer or ask the court seised to appoint one for him or her ex officio by the President of the Bar. The appointment must be made within eight days of the request. The parties concerned are informed of this right in the writ of summons.
Cases relating to the legal protection of adults shall be communicated to the Public Prosecutor’s Office in accordance with the provisions of Articles 424 and 426 to 428 of this code.
In the event of the death of an adult subject to a protective measure exercised by a legal representative for the protection of adults, the latter may, in the absence of known heirs, refer the matter to the deceased’s notary with a view to settling the succession or, failing this, ask the president of the departmental chamber of notaries to appoint one. If the notary responsible for settling the estate…
The civil fine provided for in Articles 411-1 and 417 of the Civil Code may not exceed 10,000 euros. This decision is not subject to appeal.
Applications submitted to the public prosecutor for referral to the guardianship judge shall contain the identity of the person to be protected and a description of the facts requiring protection within the meaning of Article 428 of the Civil Code.
The application shall also contain, where known and useful, the following information, specifying how it was gathered: – the composition of the family of the person to be protected, their living conditions, their place of residence and their social environment; – the extent of the person’s assets, resources, charges and debts and, where applicable, the list of benefits available to the person; – the person’s autonomy, assessed in terms of…
Departmental and communal social action services, departmental homes for people with disabilities, institutions implementing the method mentioned in article L. 113-3 of the Code de l’action sociale et des familles, social and medico-social establishments and services and healthcare establishments are required to forward the information mentioned in articles 1216-1 and 1216-2. Where applicable, the managers of these establishments and services shall specify what action is being taken and envisaged in…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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