The judge shall rule, at the request of any interested party or the public prosecutor, on any difficulties that may arise in the implementation of the system. Selected for this purpose under the conditions set out in the first paragraph of article 494-3, the judge may, at any time, modify the scope of the authorisation or terminate it, after hearing or summoning the person in respect of whom the authorisation…
Other than the death of the person in respect of whom family habilitation has been issued, it is terminated: 1° By the person concerned being placed under legal protection, curatorship or guardianship; 2° In the event of a final and binding discharge judgment issued by the judge at the request of the protected person, one of the persons mentioned in article 494-1 or the Public Prosecutor, where it is found…
The detailed rules for the application of this section shall be specified by decree in the Conseil d’Etat.
When the measures implemented pursuant to articles L. 271-1 to L. 271-5 of the Code de l’action sociale et des familles (Social Action and Family Code) for the benefit of an adult person have not enabled the person to manage their social benefits satisfactorily and their health or safety is compromised as a result, the guardianship judge may order a legal support measure designed to restore the person’s autonomy in…
The judicial support measure may not be ordered if the person is benefiting from a legal protection measure provided for in Chapter II of this title. The order of a legal protection measure automatically terminates the judicial support measure.
The judicial support measure may only be ordered at the request of the public prosecutor, who assesses whether it is appropriate in the light of the social services report provided for in article L. 271-6 of the Code de l’action sociale et des familles. The judge rules, the person heard or called.
Subject to the provisions of article 495-7, a judicial support measure does not entail any incapacity.
The judicial support measure relates to the management of social benefits chosen by the judge, when the measure is pronounced, from a list set by decree. The judge rules on any difficulties that may arise in the implementation of the measure. At any time, he may, of his own motion or at the request of the protected person, the judicial representative for the protection of adults or the public prosecutor,…
The benefits for which the children’s judge has ordered the measure provided for in article 375-9-1 are automatically excluded from the judicial support measure. The persons responsible respectively for the implementation of a measure provided for in article 375-9-1 and a judicial support measure for the same household shall inform each other of the decisions they take.
Only a judicial agent for the protection of adults registered on the list provided for in article L. 471-2 of the Code de l’action sociale et des familles may be appointed by the judge to carry out the judicial support measure.
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.
