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Guardianship of adults

Written by Administrator Friday, 01 July 2011 04:33

Guardianship is a judicial order to protect an adult and / or all or part of its assets if it is no longer able to look after its own interests. The guardian is in the acts of civil life.

The judge can list at any time, acts that the person can do one or not, in each case.

Those concerned

These are adults who need to be represented continuously in the acts of civil life, due to the alteration of their mental faculties, or when their bodily faculties are impaired as to prevent the expression their control, and that any other protective measures less restrictive (guardianship, protection of justice) is insufficient.

Procedure

Preparation of detailed medical certificate

Any request for a measure of guardianship must be accompanied by a medical certificate establishing the impairment of the person. This certificate must be produced only by a doctor on a list established by the prosecutor. This doctor has the opportunity to seek the advice of the attending physician of the person.

The certificate describes the detailed impairment of the major and the expected path. He explained the consequences of this alteration on the need to be assisted or represented, and whether the person is ready to be auditioned. The certificate shall decide on the right to vote.

The cost of the medical certificate is € 160. To obtain a certificate of default (if the person subject of the application does not make the appointment), € 30 will sum to be paid.

Asks the judge of guardianships

The opening of a measure of guardianship may be requested by the judge that the following persons:

the person to protect herself, her partner, the partner with whom it has entered into a civil partnership (except for breach of common life), a family member, the person in charge of its protection, d other relatives and close relations with her stable,

the prosecutor, who makes the request or on its own initiative or at the request of a third party (eg doctor, director of health facility, social worker).

The application must include, in addition to the medical certificate, the identity of the protected person and the statement of facts that require protection.

It is addressed to the guardianship court to which the residence of the major protected.

Hearing and consideration of the request

The judge hears the key to protect, which may be accompanied by a lawyer or, by agreement of the judge, any other person of his choice. The hearing is not public. The judge may decide, after consulting the doctor who established the medical certificate, not to hear the person, if the hearing can affect your health or if the person can express his will. The judge must give reasons for the decision.

The judge may order measures of information (eg social survey) or ask to hear the parents or relatives of the person to be protected.

Provisionally, he may place the person under protection of justice in the pending trial.

After investigating the case concluded, the judge for an opinion the prosecutor, at least one month before the date fixed for the hearing.

If the request for opening is not covered in the year following their filing, the application lapses.

Appointment of guardian

At the hearing, the judge hears the protected person (if possible), the one who made the request, and possibly their lawyers.

The judge appoints a guardian. He has the opportunity to appoint several tutors, including dividing the measure of protection between the protection of person and property management. The choice of guardian is, as far as possible, taking into account the sentiments expressed by the person to be protected, its relational context, the recommendations of his family and his entourage, in order of priority:

person selected in advance by the major, or, if charged to his parents, designated by them in case they die or they could no longer care for him. The choice must be made by a declaration before a notary or by a written entirely in the hands of the major, if parents or their dependents.

spouse or partner under a PACS,

parent or close relative.

If none of these people can not be guardian, the judge shall appoint a legal representative to the protection of adults on a list compiled and maintained by the prefect.

The judge may also designate a surrogate guardian if necessary to monitor past actions by the guardian, or replace in case of conflict of interest. When the guardian is a member of the family, the judge chooses, if possible, the surrogate guardian in the other branch of it.

In the absence of a guardian, the judge may also, for certain acts, appoint a guardian ad hoc, particularly if there is a conflict of interest between the guardian and the protected person.

The tutor is accountable for the execution of its mandate to the protected person and the judge.

If necessary, the judge may appoint a family council, which means the guardian, the surrogate guardian and if the guardian ad hoc. The judge may allow the family council to meet and deliberate without his presence when the court has appointed an agent to protect major guardian or supervisory guardian.

Effects of the

Protection of persons

A person protected by a single parent takes decisions on his person (eg, move, change jobs) to the extent that his condition permits.

She chose particular place of residence and the right freely to maintain personal relationships. The judge rules in case of difficulty.

It performs only certain acts called "strictly personal" (ie declare the birth of a child).

The guardian may take protective measures strictly necessary to end the danger that, because of his behavior, the major would run itself. It shall inform the judge.

The adult in guardianship must obtain permission from the judge and, where appropriate, the family council, to marry or to sign an agreement PACS.

Guardianship does not involve the deprivation of parental authority.

Note: the control (opening, modification or termination of the measure) gives rise to an entry in the margin of the birth of the protected person.

Protection of property

In general:

the tutor can perform only acts of administration (eg, perform maintenance work in the dwelling of the protected person)

only the family council, if it was made or, if the judge may authorize the disposal action (eg sell an apartment).

The key may only his will with the permission of the judge or family council. May revoke it alone.

Age under tutorship may make donations being assisted or represented by a guardian, with the permission of the judge or if the family council was formed.

Period

The judge sets the term, not exceeding five years.

The judge may decide to renew for a longer period if the impairment of a protected appears hopeless. It must receive the assent of the doctor on the list established by the prosecutor.

The judge may reduce the extent at any time (for example, reduce the length fixed, increase the number of major decisions that can make one).

End of the measurement

The measurement can be terminated:

at any time if the judge decides it is no longer necessary, at the request of major or any person entitled to apply for legal guardianship, the judge shall issue his ruling said "release" made after medical advice,

at the end of the period determined, in the absence of renewal,

If a measure of guardianship is ordered in place of the guardianship,

the death of the person.

Resort

In case of refusal to open or to terminate a guardianship, the person himself, his spouse (or partner under a PACS or partner), a person close ties and stable with the protected person, or guardian , may appeal the decision.

In case of refusal to set up the trust, only the person who filed the application for guardianship may appeal.

The call is exercised within 15 days of the trial or the date of notification to persons to whom it is notified. The appeal is brought by declaration or sent by registered letter with return receipt to the court registry.