Vulnerable adults who need assistance safeguarding their interests have access to tailored legal protections. A judge selects the most suitable measure based on the individual's circumstances and appoints a family member or qualified third party to oversee it. As experienced legal professionals, we've outlined the primary options below, including their features, application processes, and durations.
Guardianship is a comprehensive judicial measure for elderly individuals or adults with disabilities who cannot express their will. The judge not only establishes the protection but also appoints a guardian to legally represent the protected person in civil matters. The initial duration is up to 5 years, renewable up to three times for a maximum of 20 years. Applications are filed at the district court with a completed form and medical certificate.
Curatorship, similar to guardianship but less restrictive, offers three levels based on the person's autonomy:
The appointed curator handles daily affairs and bank accounts. Unlike guardianship, which fully limits civil acts, curatorship allows the protected person to retain some independence. Requests are submitted to the district court with the required form and medical certificate by the individual, a family member, a professional like a psychologist or social worker, or the public prosecutor. Duration mirrors guardianship: up to 5 years, renewable.
Judicial safeguard provides temporary representation for everyday acts, offering greater flexibility than curatorship or guardianship. It can be medical or judicial, decided by a judge after a medical evaluation. Apply at the local court with the dedicated form, copies of ID documents for applicant and protected person, and the protected person's birth certificate.
Spousal empowerment enables one spouse to make decisions for the other when incapacity affects daily matters. The request goes to the protection litigation judge via letter or form. If adult children exist, their consent is required.
Family authorization works similarly, requested by relatives such as siblings, partners, spouses, PACS partners, or ascendants/descendants. It requires a medical certificate from a prosecutor's list doctor (available at the local court) and proof of relationship.
These measures assist adults with physical or psychological issues in better managing their assets. Options include:
They last 6 months to 2 years, renewable, up to 4 years maximum.
A future protection mandate allows proactive planning: designate a trusted agent for personal and financial matters in case of incapacity. It can be established for oneself or a child.
