Trusteeship is a judicial measure. It is intended to protect an adult and his assets when he is in difficulty (impairment of his physical and bodily capacities) and needs help.

Guardianship allows him to be advised and/or accompanied for important acts (including a commitment such as a loan, a sale of real estate). And this, even if she remains autonomous to perform simple acts (purchase of daily life, choice to marry...).

There are several degrees of curatorship (simple, reinforced, arranged).

The person in custody shall be assisted by one or more curators appointed by the judge for a limited period.

The curatorship is a measure lighter that the guardianship, which further limits the capacity of the protected middle finger to act.

The trusteeship shall be established only if the safeguard of justice cannot provide sufficient protection to the adult who needs it.

There are 3 types of curatorship (simple, reinforced, arranged) that more or less limit the acts that the person to be protected can perform.

The judge hears the middle finger and examine the request.

It also hears from the person who made the request and their lawyers, if any.

Following these discussions and the examination of the application, the judge decides whether to accept the application and, if so, appoints the curator.

The curator is chosen priority among those close to the person to be protected (parent, child, spouse...).

If this is not possible, the trusteeship is entrusted to a professional called judicial representative for the protection of adults. He is on a list drawn up by the prefect.

The judge shall appoint one or more curators.

The trusteeship may be divided by the judge into the following persons:

• Curator for the protection of the person (example: marriage)
• Curator in charge of wealth management (e.g. tax declaration, sale of real estate)

The judge may also appoint curators who jointly exercise all the powers related to that function. In this case, each trustee appears to the third parties to have received the power to do all the acts on behalf of the person to be protected alone (acts of disposition and acts of administration).

The judge may also appoint a surrogate trustee to supervise the acts of the curator, or to replace him in the event of a conflict of interest. Where the trustee is a member of the family, the judge shall, if possible, select the substitute trustee in the other branch of the family.

In the absence of a substitute trustee, the judge may also appoint a trustee for certain acts ad hoc (i.e. a person with a defined, specialized and ad hoc mission), in particular if there is a conflict of interest between the trustee and the protected person.

The trustee must be accountable to the protected person and the judge for the execution of his or her mandate.

In the case of an enhanced guardianship, he must submit an annual report on his management to the Registrar of the Court.

In case of opening, the protected person or any person entitled to request that it be placed under guardianship may appeal the decision.

In case of refusal for the establishment of the guardianship, only the person who filed the application of a guardianship may challenge the judgment.

The appeal shall take place within 15 days according to the judgment or the date on which the persons were informed.

The appeal shall be made by declaration directly at the registry of the court which issued the decision or by registered letter with request for acknowledgement of receipt addressed to the latter.

The effect of a trusteeship is to define the rights of the protected person and the trustee.

The curatorship (opening, modification or termination of the measure) shall give rise to a marginal mention on the birth certificate.

This entry makes it possible to render the decision enforceable (incontestable) against the third party after a period of 2 months. However, this time limit does not apply to third parties who have personal knowledge of the measure (having been addressees of the judgment or order issued by the judge).

The duration of the measure shall be fixed by the court for a period of Maximum 5 years, renewable for 5 years.

The judge may decide to renew it for a longer period but not exceeding 20 years if the impairment (degradation) of the faculties of the protected middle finger appears irremediable (i.e. without any possible improvement). In this case, the assent of the doctor, listed by the public prosecutor, is required.

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 curatorship measure shall end in the following cases:

• At any time if the judge decides that it is no longer necessary, at the request of the adult or any person entitled to request a curatorship, after medical advice
• On expiry of the fixed period, in the absence of renewal
• If a guardianship measure replaces the guardianship
• Judgment declaring the measure to be terminated and no longer subject to challenge
• On the death of the person to be protected

The end of the curatorship may be requested by the following persons:

• Person to protect
• Spouse, partner, partner
• Parents
• Relatives
• Curator
• Public Prosecutor