Outside the cases provided for in articles 390,391,442,485 and in the third paragraph of Article 494-3 of the Civil Code, the court shall be seised by application delivered or addressed to the registry of the court of first instance. When the application is made for renewal of family habilitation, a copy of the decision appointing a habilitated person shall be attached.
The application for the issue of a protective measure for a person of full age shall include, on pain of inadmissibility: 1° The detailed medical certificate provided for in article 431 of the Civil Code; 2° The identity of the person to be protected and a statement of the facts requiring this protection under articles 428 and 494-1 du même code.
The application for the protection of a person of full age provided for in article 1218 also mentions the persons belonging to the entourage of the adult to be protected listed in the first paragraph of article 430 and article 494-1 of the Civil Code, as well as the name of the person’s attending physician, if known to the applicant. As far as possible, the latter shall specify the details…
The detailed medical certificate provided for by article 431 of the Civil Code : 1° Describes in detail the impairment of the faculties of the adult of full age to be protected or protected; 2° Gives the judge any information on the foreseeable evolution of this impairment; 3° Specifies the consequences of this impairment on the need for assistance or representation of the adult of full age in the acts…
The requests sent by the public prosecutor to guardianship judges contain the information mentioned in articles 1216-1 to 1216-3.
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…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
