Guardianship and curatorship serve as essential legal safeguards to protect individuals and their assets when physical or mental incapacity prevents self-management. These measures are established by the guardianship judge following petitions from family members, social services, or care facilities. The judge's decision follows a psychiatric evaluation and a hearing with the person in question. Guardianship imposes the stricter protections, as it restricts the individual's ability to exercise certain personal rights independently.
Curatorship offers targeted assistance for significant civil life decisions, either ongoing or for specific acts, to those whose autonomy is compromised by physical or mental impairments. The guardianship judge orders this measure for a maximum of 5 years, appointing a curator to support the protected person.
The person under curatorship retains substantial independence for everyday matters, such as daily shopping, medical treatments, collecting income, obtaining a bank card, home maintenance, or voting. However, any acts they perform may later be annulled or modified.
The curator's involvement is required for transactions affecting the protected person's assets, including countersigning property purchases or sales, opening new bank accounts or savings books, or renouncing a legacy or inheritance.
Curatorship varies in intensity. Standard curatorship provides basic oversight, while "reinforced" curatorship allows the curator to manage the person's income and expenses via their bank account. "Adjusted" curatorship lets the judge specify which acts the person can handle alone.
Guardianship applies to individuals whose mental or physical faculties are severely compromised by illness, disability, or advanced age. This regime enables full representation in civil matters, depriving the protected person of certain rights. The guardianship judge appoints a guardian to perform key actions independently, such as protecting the estate, accepting inheritances, or overseeing medical care.
For major decisions like buying or selling property, opening new accounts or savings books, marriage, or entering a PACS, the guardian must obtain judicial approval.
If capable, the person under guardianship can still manage personal or routine tasks, like shopping or mailing letters, supported by a stipend provided by the guardian.
