Voting and guardianship

Can a person under protection go and vote?

Publié le 05 juin 2024 - Directorate for Legal and Administrative Information (Prime Minister)

René, 98, is experiencing an impairment of his mental and physical faculties. It is greatly reduced by Parkinson's disease. Widowed, he still lives at home with helpers, but he wants to go and vote in the next election.

René's only son, Stéphane, asked the guardianship judge for a general family authorization to represent him on a daily basis.

The judge gave her a general mandate to act on her behalf and for her. Stéphane now takes care of all her father’s papers and accompanies her to the doctor.

René, an avid politician, has been pressing his son to vote in the upcoming election. He doesn’t know what to do with the request because his father doesn’t remember recent events or even who the current President of the Republic is.

Service-Public replies:

The right to vote is part of the fundamental rights protected majors.

All protected persons may vote without exception, whether they are placed in a position to:

  • guardianship;
  • curatorship (simple, reinforced, adapted or lightened);
  • safeguarding justice;
  • family entitlement (general or special).

Or that there is a warrant for them (future protection warrant, notarial warrant), if they are registered on the electoral lists of their municipality of residence.

Likewise, all acts involving strictly personal consent may never give rise to assistance or representation of the protected person.

Please note

To enter into a civil partnership Protected adults may therefore marry, divorce without seeking the prior authorization of their representative or the judge. They can register the birth of a child and recognize it. Parents, they exercise parental authority over their children. They can consent to their own adoption or that of their child. They choose their child's name and can request a change.

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