Safeguarding the Justice of a Major

Verified 17 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Do you want to know what safeguarding justice is and who can be affected by this measure?

Safeguarding justice is a measure to protect short-lived. It allows a middle finger to be depicted to perform certain everyday acts. They may avoid giving guardianship or guardianship, which are more restrictive.

It exists 2 types of measures to safeguard justice: a medical and one judicial.

We present you with the information you need to know.

The safeguard of justice shall apply to the following persons:

  • Major who has physical or psychological difficulties due to illness
  • Major suffering from disability or age-related impairment
  • Major with a decrease in his physical and/or mental faculties preventing him from expressing his will

FYI  

for those with more severe impairment, the safeguard of justice is a immediate measure pending the establishment of a guardianship or a trusteeship.

The medical safeguard is put in place following a declaration made by a doctor in the public prosecutor.

These may be:

  • the doctor of the person to be protected (in this case the statement must be accompanied by the assent of a psychiatrist), or
  • the doctor of the health facility where the person to be protected is located.

Who can make the request for justice?

The protection judge (formerly guardianship judge) may be asked to protect an adult from prosecution by the following persons:

  • Major himself
  • Person with whom the middle finger to protect living as a couple
  • Parent or allied
  • Person who has close and stable ties with the middle finger
  • Person who already exercises another legal protection measure (guardian or guardian)
  • Public Prosecutor (on its own initiative)
  • Third parties (doctor, director of health facilities, ...)

The safeguard of justice is determined by the degree of impairment (i.e. degradation) of the personal faculties of the person to be protected.

What documents must be attached to the request for the safeguarding of justice?

Demand (request) shall contain the following documents:

FYI  

the list of medical experts shall be issued by the court on which the age of majority to be protected depends.

Where to apply?

The application must be addressed to the protection litigation judge of the court on which the domicile of the person to be protected depends.

Who shall I contact

When and how does the hearing of the person to be protected take place?

Before making his decision, the judge hears the person to be protected. The latter may be accompanied by a lawyer or, on the agreement of the judge, by a person chosen by the latter.

The hearing is not public. In urgent cases, the hearing may take place after the decision to safeguard the case.

The judge may decide, after hearing the opinion of the doctor who issued the medical certificate, not to hear the person, whether the hearing may harm his or her health or whether the person cannot express his or her will.

The judge may order measures to obtain information (e.g. social investigation) or request to hear the relatives or close relatives of the person to be protected.

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In case of safeguard of justice on medical declaration

The protected person may make a amicable remedy to get the delisting of this backup.

This appeal must be addressed to the public prosecutor at his judicial court.

Who shall I contact

In case of safeguarding of justice by decision of the judge

There is no recourse, because the safeguard does not in itself entail any modification of the rights of the person concerned.

The judge may appoint one or more special representatives to carry out specific acts, representation orassistance, which the protection of the person makes necessary. For example, the use of a bank investment or the sale of a house.

The judge chooses the special representative priority among relatives. If this is not possible, it appoints a professional registered on a departmental list maintained by the prefect.

The special representative must be accountable to the protected person and the judge for the execution of his or her mandate. In particular, it must report at the end of management.

If a special representative is appointed to perform certain acts, that decision may be appealed within 15 days of receipt of the notification. Such an appeal may be brought by the same people than those authorized to request a safeguard measure. A registered letter with acknowledgement of receipt should be sent to the court registry. The registry will send it to the court of appeal.

Who shall I contact

The person in custody of justice retains the right to perform all acts of civil life, except those entrusted to the special representative if he has been appointed.

However, the person in custody of justice cannot divorce by mutual consent or accepted.

The safeguard allows the special representative to challenge (either by canceling or correcting them) certain acts contrary to the interests of the adult, which he or she may have committed during the safeguard of justice.

Before the end of the legal protection measure, persons who have applied for it may submit to the protection litigation judge (former guardianship judge) a request for a review of the protected person.

To apply for an extension of the protection measure, you must use the cerfa form n°14919 and attach documents. The list of documents can be found in the explanatory note of the Cerfa form.

Application to the guardianship judge - Re-examination of an adult judicial protection measure

The safeguard of justice cannot go beyond 1 year.

It is renewable once by the protection litigation judge.

The total duration is Maximum 2 years.

The safeguarding of justice shall cease in the following cases:

  • At the end of the period for which it was ordered
  • Upon the lifting of the measure by the protection litigation judge, after the performance of the acts for which it was ordered
  • Upon the lifting of the measure by the protection litigation judge, when the adult regains possession of his faculties
  • By the opening of a guardianship or guardianship measure

Who can help me?

Find who can answer your questions in your region

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