• Judicial Protection 
     

Judicial Protection is a protective measure decided for a short period in order to allow a person of full age to be represented in order to perform certain acts.

This measure is less restrictive than the guardianship . The major retains the exercise of his rights except in cases of divorce or special acts for which a special representative is appointed by the judge.

 

There are two types of  protection : protection by medical declaration, resulting from a declaration made to the public prosecutor, and the judicial protection by decision of the guardianship judge, which can only be requested by certain persons.

The representative is appointed in priority among close family.

Temporary Guardianship

 

The Temporary guardianship is a legal measure whose purpose is to protect a major

who need advice or needs to be  controlled in some acts of civil life .

The Temporary guardianship is not granted unless the safeguard of Justice is

estimated insufficient protection. There are several degrees of guardianship:

In simple temporary guardianship, the person performs the acts of

day-to-day management alone, but must be assisted by his guardian for

more important acts, such as,for exemple, granting a loan.

In the reinforced temporary guardianship, the guardian collects the income

of the person and settles his expenses in an account opened in the name of the latter.

Finally, in the managed temporary guardianship , the judge enumerates the

acts that the person can do alone or not.

The temporary guardianships ends at any time after medical advice and

upon decision of the judge at the request of the person of full age or of any

person entitled to request  it . The guardianship  may also be terminated at

the expiration of the deadline or if a guardianship measure succeeds

the temporary guardianship.

  • Guardianship

 

Guardianship is applicable when , due to the alteration of his mental faculties or  physical faculties, which impedes the expression of his will, the major needs to be represented on a continuous basis in the acts of civil life . This alteration must be medically established.

Guardianship applies only  when no other less restrictive protective measures are insufficient.

The guardian represents the major in all the acts of civil life. However, the judge may enumerate the acts that the major  can do alone or with the assistance of the guardian.

The duration of the guardianship is fixed by the judge without being able to exceed five years. The judge may at any time terminate or change the measure. A guardianship measure can be extended to maximum 10 years.

Guardianship ends either by the expiry of the original deadline, or by a judgment of release that became  res judicata or in case of person's death.

Cabinet Aurélie Thuegaz  23, rue Henri Barbusse 75005 Paris

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