French Code of civil procedure

When, after receiving the report provided for in Article L. 271-6 of the Code de l’action sociale et des familles (Code on social action and families), the public prosecutor refers the matter to the guardianship judge, he immediately informs the president of the departmental council by any means. The same applies if the public prosecutor considers that there are no grounds for such a referral.

The guardianship judge with territorial jurisdiction is that of the habitual residence of the person receiving social benefits.

The guardianship judge is seised by a request from the public prosecutor to which is attached the report mentioned in Article 1262. The judge gathers all useful information. The court clerk shall summon to the hearing, by registered letter with acknowledgement of receipt, the person receiving the benefits, as well as those whose hearing the judge considers useful. The file may be consulted at the clerk’s office until the judge…

The hearing is not public. Third parties may only obtain copies of decisions made with the authorisation of the guardianship judge and if they can justify a legitimate interest.

The judge rules within one month of the application being filed. His decision is not subject to opposition.

The decision is notified to the person receiving the benefits and, where applicable, to the appointed legal representative for the protection of adults. Notice of the decision is given to the public prosecutor, the president of the departmental council and, where applicable, the paying body.

Where the judge rules pursuant to the second paragraph of Article 495-4 of the Civil Code, the articles 1262-3 to 1262-5 of this Code shall apply.

The appeal is open to the person receiving the benefits and to the public prosecutor. The appeal is lodged, investigated and judged according to the procedure without compulsory representation. The time limit for appeal is fifteen days. The judgment is notified to the person receiving the benefits and, where applicable, to the judicial representative for the protection of adults appointed. Notice is given to the public prosecutor, the president of…