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Trusteeship

Written by Administrator Friday, 01 July 2011 04:44

Principle

Guardianship is a judicial order to protect an adult who, without being unable to act itself, needs to be advised or controlled continuously in the important acts of civil life. Trusteeship is imposed only if it is determined that the safeguard of justice would be insufficient protection for the person.

Those concerned

These are adults whose altered mental or bodily powers preventing the expression of the will, were found medically.

Namely: the causes opening trusteeship for extravagance, intemperance, idleness is removed since 2007.

Levels of guardianship

There are different degrees of guardianship:

Curatorship simple

The only person performs the routine management instruments (so-called administrative acts or acts of protection), such as managing the bank account or buying insurance.

However, it must be assisted by his curator for major acts (so-called acts of disposal). For example, the trustee must consent to a loan.

Curatorship reinforced

The committee perceives the resources of the person and sets its spending on an account in the name of it.

Appointed guardianship

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

Procedure

Preparation of detailed medical certificate

Any request to open a guardianship, to the guardianship judge, 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 physician may seek the advice of the treating physician. 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 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

Setting under curatorship may be made to the judge that by the following:

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, other relatives and close relations stable with it, or the person exercises over it a measure of legal protection,

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, or that of his guardian, if the key already has a measure of supervision followed by the judge in whose jurisdiction is the guardian.

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 Trustee

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 curator. He has the opportunity to appoint several curators, including dividing the measure of protection between the protection of person and property management. The choice of trustee 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 civil partnership,

parent or close relative.

If none of these people can not be committee, 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 the acts passed by the committee, or replace in case of conflict of interest. When the committee 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 surrogate guardian, the judge may also, for certain acts, appoint a curator ad hoc, particularly if there is a conflict of interest between the trustee and the protected person.

The committee is accountable to its mandate to the protected person and the judge. As part of an enhanced guardianship, it must submit annually to the chief clerk of the district court an account of its management.

Effects of the

Protection of persons

A person protected by a single curator 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 retains the right to vote.

It performs only certain acts called "strictly personal" (as the recognition of a child).

However it must obtain permission from the curator, or failing that of the judge to get married. It must be assisted by her guardian to enter into a civil solidarity pact (PACS).

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

Protection of property

Typically, the person under curatorship may perform only acts of administration (eg perform maintenance work in the slot).

It must be assisted by her guardian to complete the disposal action (eg sell an apartment).

It can only make a will, and can make donations with the assistance of his guardian.

The judge may order a curatorship strengthened: the curator perceives the income of the protected person, sets spending it with others and he pays the excess.

Note: curatorship (opening, modification or termination of the measure) results in a marginal annotation in the margin of the birth certificate.

Period

The judge sets the term, not exceeding five years.

He may decide to renew for a longer period if the impairment of a protected appears hopeless, on the advice of the doctor on the list established by the prosecutor.

End of the measurement

The measurement can be terminated:

at any time if the judge decides it is no longer necessary (for trial called "release"), at the request of major or any person authorized to request placed under curatorship, after medical advice stating that the protection no longer needed.

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

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

the death of the protected person.

Resort

In case of refusal to open or to terminate a guardianship, the person protected itself, its curator, the person with whom she lives as a couple, and anyone close ties with her stable and may appeal the decision.

In case of refusal of establishing guardianship, only the person who filed the request for placing under curatorship may challenge the ruling.

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.