The request in order to open a guardianship, a guardianship or a safeguard of justice concerning an adult must include the following elements:

• Detailed medical certificate describing the impairment of the person to be protected and the foreseeable course
• Copy (double-sided) of the identity document of the protected person
• Description of the facts indicating the need to implement the protection measure
• Application Form

The following information shall also be provided in the application:

• Persons in the circle of the middle finger to be protected (e.g. husband or wife, Civil partnership partner)
• Name of the treating physician of the person to be protected (if known)
• Full copy of birth certificate of the person to be protected, less than 3 months
• Copy (double-sided) of the identity document of the person making the request

The person making the request shall specify, as far as possible, the details concerning the family, financial and property status of the adult.

Once completed, the form and all the documents must be sent to the protection litigation judge of the court on which the place of residence of the adult to be protected depends.

The person to be protected shall have the right to be assisted by lawyer.

If she does not know of one, the major can ask the court for the president of the Bar Association to appoint one of his own motion.

Such designation shall take place within 8 days of the demand.

The hearing of the person to be protected may take place in the following places:

• Seat of the court on which his place of residence depends
• Place where she usually resides. For example, in an accommodation establishment.
• In any other appropriate place

The hearing must fulfill the following objectives:

• Inform the person to be protected that a procedure for requesting protection has been initiated
• Explain to him the consequences of the introduction of the protection procedure
• To hear the views of the adult on the establishment of a protection procedure for him
• assess the health of the person to be protected, his difficulties in managing his daily life
• Implement the most appropriate measure

At the hearing, the protected person may be assisted by a lawyer or accompanied, subject to the judge's agreement, by any person of his choice.

At the request of any interested party or on his own initiative, the protection litigation judge may order that the examination of the application (application) give rise to a adversarial debate.

If the judge considers it appropriate, the judge may hear the following persons:

• Spouse, partner or cohabiting partner of the adult
• Parent or allied of the middle finger
• Person with the middle finger who has close and stable ties
• Person exercising (already) the legal protection measure (guardian or trustee)
• Public Prosecutor

The hearing may also take place in the presence of the doctor treating the protected person.

The judge may order any measure of inquiry:

• either on its own initiative,
• at the request of the parties or of the public prosecutor's office.

In particular, he may have a social inquiry or findings made by any person of his choice. But it can also send questionnaires to the family members of the person to be protected, request reports from professionals,...

These factors enable the applicant to determine whether the application is appropriate to the situation of the person to be protected, whether it is justified or not, and to consider, if necessary, one of the following alternatives:

• Family Entitlement
• Empowerment between spouses
• Future protection mandate
• Social or judicial support measure

Once the investigation of the case has been completed, the judge shall forward it to the public prosecutor, at least 1 month before the date fixed for the hearing.

The measure shall be proportionate and individualized according to the degree of loss of the personal faculties of the person concerned (physical and psychological).

The judge must explain his decision, which is addressed to the person who made the request and to the lawyer of the adult. Pending the judgment, the judge may temporarily place the middle finger under safeguard of justice.