Who can be appointed guardian, trustee or special representative of an adult?

Verified 28 February 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The persons who may be appointed guardian, trustee or special representative of an adult to be protected are as follows:

  • Spouse(s)
  • Partner of Civil partnerships: titleContent
  • Cohabiting partner
  • Parent
  • Ally (for example, brother-in-law or mother-in-law)
  • A person who lives with the middle finger or has close and stable ties to the middle finger (for example, a close friend)
  • Judicial agent for the protection of adults
  • Person or service belonging to a health, social or medico-social facility where the person to be protected is housed or cared for

FYI  

The following people cannot be a guardian or curator:

  • Protected Major
  • Person sentenced criminally to an additional penalty of prohibition of civil and family rights
  • Members of the medical profession and pharmacy in respect of their patients

In the framework of a guardianship or a curatorship

In principle, the adult to be protected gives his opinion on the person he wishes to appoint as guardian or curator.

This opinion must be taken into account by the judge.

Please note

if the judge does not appoint the person designated by the middle finger to be protected, he must specify what prevents this appointment (example: the designated person refuses the assignment).

It may also happen that the person to be protected has not appointed a guardian or curator. In this case, the judge prefers the appointment, first, of the following persons:

  1. Spouse(s)
  2. Partner of Civil partnerships: titleContent 
  3. Person living in cohabitation with the middle finger to be protected
  4. Parent...
In the context of a safeguard of justice decided by the judge

The judge chooses the special representative as a priority from among the relatives of the person to be protected. If this is not possible, it appoints a professional registered on a departmental list maintained by the prefect.

FYI  

the judge may associate relatives and professionals to ensure the protection of the adult.

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