Judicial protection measures may only be ordered by the judge in cases of necessity and where the person’s interests cannot be sufficiently provided for by implementing the future protection mandate concluded by the person concerned, by applying the rules of common law on representation, those relating to the respective rights and duties of spouses and the rules of matrimonial property regimes, in particular those provided for in articles 217, 219, 1426 and 1429 or, by another less restrictive protective measure.
The measure shall be proportionate and individualised according to the degree of impairment of the personal faculties of the person concerned.