If justified by the interests of the person accommodated or cared for in a healthcare establishment or in a social or medico-social establishment, the judge may appoint, as curator or guardian, a person or service in charge of the establishment registered on the list of legal representatives for the protection of adults under 1° or 3° of article L. 471-2 of the Code de l’action sociale et des familles, who…
Curatorship and guardianship are personal charges. However, curators and guardians may, under their own responsibility, enlist the assistance of third parties who are adults and not subject to a legal protection measure to perform certain acts, the list of which is set by decree in the Conseil d’Etat.
No one is obliged to retain curatorship or guardianship of a person beyond five years, with the exception of the spouse, partner in a civil solidarity pact and children of the person concerned, as well as judicial representatives for the protection of adults.
The judge may, if he considers it necessary and subject to the powers of the family council if it has been constituted, appoint a subrogated curator or subrogated guardian. If the curator or guardian is a relative or ally of the protected person in one branch, the subrogated curator or subrogated guardian is chosen, as far as possible, from the other branch. Where no family member or close relative can…
In the absence of a subrogated curator or subrogated guardian, the curator or guardian whose interests are, on the occasion of an act or series of acts, in opposition to those of the protected person or who cannot provide assistance or act on his or her behalf due to the limitations of his or her mission shall have an ad hoc curator or ad hoc guardian appointed by the judge…
The judge may organise guardianship with a family council if the needs of the person’s protection or the consistency of his assets justify it and if the composition of his family and entourage allows it. The judge appoints the members of the family council in consideration of the feelings expressed by the protected person, his usual relationships, the interest shown in him and any recommendations from his parents and relatives…
The judge may authorise the family council to meet and deliberate without him or her being present when the family council has appointed a judicial representative for the protection of adults as tutor or subrogated tutor. The family council then appoints a chairman and a secretary from among its members, excluding the tutor and subrogated tutor. The chairman of the family council sends the agenda for each meeting to the…
The protected person shall receive from the person responsible for his or her protection, in a manner appropriate to his or her condition and without prejudice to the information that third parties are required by law to provide, all information on his or her personal situation, the acts concerned, their usefulness, their degree of urgency, their effects and the consequences of a refusal on his or her part.
Subject to the specific provisions laid down by law, the performance of acts whose nature implies strictly personal consent may never give rise to assistance or representation of the protected person. The following are deemed strictly personal: the declaration of birth of a child, its recognition, acts of parental authority relating to the person of a child, the declaration of the choice or change of a child’s name and consent…
Except in the cases provided for in Article 458, the protected person alone takes decisions relating to their person insofar as their condition allows. Where the condition of the protected person does not allow him or her to make an informed personal decision alone, the judge or the family council, if it has been constituted, may provide that he or she will benefit from the assistance of the person responsible…
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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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