LEGAL PROTECTION MEASURES

Legal protection measures (safeguard of justice, curatorship and guardianship) are intended to protect a major and/ or his heritage. The protection litigation judge must choose the measure best suited to the degree of incapacity of the person to be protected.
????What is the safeguard of justice?
The safeguard of justice is a short and temporary measure (one year, renewable once), sometimes put in place pending a curatorship or guardianship if the judge finds that the person concerned has an urgent need for protection.
 It allows the protected adult to be represented to perform certain specific acts. It is open for the time necessary for their fulfillment, for example the sale of a good.
A substitute decision-maker is appointed to perform them when the protected adult is temporarily unable to perform them, for example after an accident.
 This representative also has the opportunity to challenge acts taken by the adult and which are contrary to his interests.
 The protected adult continues to perform all acts of civil life, except those entrusted to the representative.
 This is the least restrictive measure.
????What is the degree of protection offered by the curatorship?
The curatorship concerns the adults who need to be assisted or controlled continuously, but who can act by themselves.
 The protected person alone makes decisions relating to his person and can perform most of the protective and administrative acts, and certain acts of disposition for which the guardian can act without the authorization of the judge.
 She must be assisted by a curator for acts of disposition, that is to say those that impact her assets like the sale of a property.
 • Note
There is the reinforced curatorship in which the curator controls the income and expenses of the major.
????When should we turn to guardianship?
Guardianship is the heaviest measure. It concerns people who need to be represented continuously in civil life. They can no longer manage their assets alone, take legal action, be traders….
 Depending on the type of act, the guardian may act alone (for administrative acts) or must be authorized by the judge or the family council (for most acts of disposition).
 The performance of acts of a strictly personal nature may never give rise to representation. If the adult is able to give his consent, he can make them alone, for example the declaration of birth of a child.
????Why consult a notary?
Ask your notary to find the most appropriate protection measure for the situation of the loved one you want to protect. They can also inform you about alternative measures such as family empowerment and the mandate for future protection.
Source: The Notaries of France
https://www.notaires.fr/fr/actualites?utm_source=brevo&utm_campaign=LDNF_les%20mesures%20de%20protection%20juridique&utm_medium=email&fbclid=IwAR0sJNPd14szJTeWB4sI5ebLbCTbW4eJSbcaROID2vaSotcE1uQryEO4Mm0