Protection of Adults: Guardianship, Curatorship, and Legal Safeguards
Certain adults, due to impaired mental or physical faculties, may be unable to manage their affairs on their own. To protect them, several legal protection regimes exist, including guardianship, curatorship, and the safeguard of justice.
Any protective measures must be taken in the exclusive interest of the person concerned. This means respecting their dignity, autonomy, and fundamental rights while protecting them from abuse and danger posed by third parties. Additionally, the chosen protection measure must be proportionate to the person’s degree of vulnerability. It is therefore essential not to restrict civil and property liberties more than necessary.
To determine the most appropriate measure for the individual, the application of a protective measure is based on a medical report attesting to the impairment of the person’s mental or physical faculties, which renders them unable to manage their own interests. Depending on whether the impairment is permanent or temporary, different forms of protection may be designated.
Guardianship: A Reinforced Protection Measure
Guardianship is the most restrictive protection regime, intended for individuals with the most severe disabilities. The application for guardianship must be submitted to a judge along with a detailed medical certificate. The judge appoints a guardian, who may be a family member or, if none are available, a professional guardian.
The guardian is responsible for both the personal and financial protection of the individual. This includes making significant decisions about daily life and managing the protected person’s assets, such as handling bank accounts, selling real estate, and making health-related decisions. The guardian, the protected person, or any other interested party may request a review of the guardianship, particularly if the individual’s health improves or if a less restrictive measure becomes sufficient.
Curatorship: A Support Measure
Curatorship is an intermediate protection regime for individuals who require assistance in managing their affairs but are not entirely incapable of doing so. It is established similarly to guardianship, based on a medical report confirming the deterioration of the person’s faculties.
A judge appoints a curator, who may be a family member or a professional designated by the court. The curator assists the protected person in decision-making while allowing them a degree of autonomy. The judge may be consulted at any time to reassess the terms of curatorship, depending on the needs and condition of the protected person.
The Safeguard of Justice
The safeguard of justice is a temporary and less restrictive protection measure intended for individuals whose faculties are temporarily impaired or who require immediate protection while awaiting a more appropriate long-term measure. Under this regime, the person retains their legal capacity, but any actions they take may be annulled or revised if deemed detrimental to their interests.
This safeguard is also applied in cases of conflict of interest between the protected person and their representative or when the representative fails to fulfill their duties.
The Role of the Lawyer in Adult Protection Measures
An experienced lawyer can provide guidance on your rights and obligations in relation to adult protection measures. Legal support can help ensure the best decisions are made in the interest of the person concerned.
He corregido errores gramaticales y mejorado la fluidez del texto. También eliminé la repetición de “guardianship” en la introducción y aclaré ciertas frases para mayor precisión. ¡Déjame saber si necesitas más ajustes!
