This easily implemented protective measure assists a vulnerable family member when the family gets on well.
Who is concerned ?
The person to protect: a member of a family who cannot provide for their interests alone due to an alteration in their mental or physical faculties which prevents the expression of their will.
The person authorised to protect that individual: their children, grandchildren, parents, grandparents, siblings, civil partner, cohabitee or spouse.
How it works
A request is submitted to the judge accompanied by a medical certificate.
The certificate must have been issued by a doctor chosen by the family from a list provided by the public prosecutor.
The judge interviews the person to be protected and then makes sure that the person and the family agree to the measure and the decision of the person.
Finally, the judge rules on the choice of the authorisation and sets its scope.
What are the legal instruments that the representative can conclude ?
This person’s powers are extended with the possibility of establishing multiple legal instruments on behalf of the protected person, such as the opening or modification of regular or savings accounts, the signing of a lease, the sale of certain types of property.
There are two kinds of authorisations granted by the judge.
- A simple authorisation that deals with specific acts that the relative accomplishes alone.
- A general authorisation that covers all necessary acts including the most binding for assets.
And in the context of marriage ?
Authorisation is only applicable if no other solution is possible. In the context of marriage, the spouse can perform multiple acts without obtaining the express consent of their husband/wife, the mandate being tacit.
End of the measure
Family authorisation ends:
After the accomplishment of the acts for which the authorisation had been issued.
By means of the final judgement of release pronounced by the judge at the request of one of the relatives of the protected person or the public prosecutor, when the conditions of the authorisation are no longer met or the family authorisation infringes the interests of the protected person;
When the person concerned is placed under the protection of justice, under guardianship or under wardship;
In the absence of renewal at the end of the fixed period;
By the death of the protected person.
The fixed cost of the medical certificate is €160 (not covered by health insurance).
Articles 1260-1 to 1260-12 of the French Code of Civil Procedure and Articles 494-1 to 494-12 of the French Civil Code