Protective Measures :
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.
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 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.