What is the cost of guardianship or guardianship?
Verified 01 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The establishment of a guardianship or a curatorship is free. However, the medical certificate necessary for the opening of the procedure shall be at the expense of the protected person. The same applies if the measurement is carried out by a representative.
Medical certificate
The cost of the medical certificate is €192 (€160 excluding tax).
It is the responsibility of the person to be protected.
Medical advice
The cost of the notice is €25.
This amount is due only where such notice is not given in the medical certificate.
The opinion of the medical expert shall be indispensable to the judge. This is the only way the judge can exempt the person to be protected from being interviewed (in the case of Alzheimer's, for example).
The court registry may also be faced with the following situations:
- He receives an expert's report in which the expert forgets to specify whether or not the person to be protected may be interviewed
- It receives expertise that is too old, whereas the health of the person to be protected has deteriorated and that expertise no longer allows the judge to hear it.
In such cases, the expert does not repeat all the expert's report and simply gives his detailed opinion on whether or not to hear the person to be protected.
When the public prosecutor or the protection litigation judge (former guardianship judge) so requests, the cost of the medical certificate or medical opinion is not borne by the person to be protected.
Yes, the judicial procedure for setting up a guardianship or a trusteeship is free.
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If it is a relative of the protected person
The measure may be exercised by way of free if it has been entrusted to one of the following persons:
- Person with whom the minor or protected adult lives as a couple
- Family member (e.g. father, mother, brother)
- Close (e.g. friend)
However, the protection litigation judge or the family council may allow the payment of compensation the person in charge of protection.
This compensation depends on the size of the assets managed (e.g. if the protected person has a significant asset) or the difficulty of exercising the measure.
The judge or the family council shall determine the amount of the allowance.
It is the responsibility of the protected person.
If it is a judicial representative
The protected person must participate in the financing on the basis of his income. This participation is monthly.
The amount of participation varies according to the income of the protected person.
The revenues taken into account are those received in the year preceding the implementation of the measure.
The sample is taken by slice as with income tax.
Annual income bracket | Percentage picked | Maximum amount in the tranche | Cumulative maximum amount |
|---|---|---|---|
Enter €11,612.29 and €20,814.72 | 10% | €920.24 | €920.24 |
Enter €20,814.73 and €52,036.80 | 23% | €7,181.08 | €8,101.32 |
Enter €52,036.81 and €124,888.32 | 3% | €2,185.55 | €10,286.86 |
After consulting the public prosecutor, the judge may, exceptionally, grant the judicial representative a supplementary allowance. It must have as its object the performance of an act or a series of acts requiring particularly lengthy or complex work. For example:
- Settlement of an estate
- Follow-up of judicial or administrative proceedings
- Sale of property
- Family Conflict Management
The agent must submit his claim for compensation, accompanied by the supporting documents necessary, to the protection litigation judge (or family council if it is constituted).
The Trustee must justify the exceptional nature of the workload and the inadequacy of the sums collected.
The judge may invite the judicial representative to provide further explanations. Travel and subsistence expenses may be added to this additional allowance. These allowances shall be borne by the adult protected person.
Exceptionally, the Prefect may grant a temporary reduction of part or the abolition of the protected person's entire participation in any of the following situations:
- Special difficulties arising from the existence of debts incurred by the protected person before the opening of guardianship or guardianship
- Need to meet mandatory expenses
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Service free
The informants who answer you are from the Department of Justice.
Allowance for the member of the entourage responsible for protection (Article 419)
Cost of the medical certificate
Resources taken into account to determine the financial participation of the protected person (R471-5-2 and R471-5-3)
Remuneration of natural persons acting as legal agents for the protection of adults on an individual basis (Article R472-8)
Conditions for the application of the protected person's financial contribution (Article 2)
Exceptional additional compensation to judicial representatives for the protection of adults
Conditions for applying the supplementary allowance to the protected person (Article 3)
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