Family Entitlement
Verified 02 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Do you want to set up a family empowerment to assist or represent a loved one who is not able to express his will on a daily basis, to do or understand the acts of everyday life? We present you with the information you need to know.
The family entitlement allows a relative (parent, child, grandparent, brother, sister, spouse, common-law partner, Civil partnership partner) to represent or to assist a person to ensure the protection of his interests.
This authorization shall be put in place when no one is able to express their will on a daily basisto do or to understand the acts of everyday life.
The family entitlement is ordered by the judge only when necessary, where the usual representations (power of attorney, future protection mandate, matrimonial property regime, for example) do not sufficiently protect the interests of the person.
Family empowerment can be general or limited to certain acts.
FYI
Family entitlement does not end powers of attorney issued by the person to be protected before judgment.
Unlike the safeguard of justice, of the trusteeship or the guardianshipOnce the family authorization has been granted, there is generally no longer any review by the judge. The latter may nevertheless be forced to intervene, for example, in the event of a conflict between the authorized person and the protected person in the context of an estate in which they have common interests.
It is any person who is no longer able to protect his interests because of a deterioration, medically ascertained, either in his mental faculties or in his bodily faculties. It could be, for example, a person with a disability that prevents them from expressing their will, with a disease such as Alzheimer's—
Relatives who may be entitled are:
- Parent, grandparent, great-grandparent
- Child, grandchild, great-grandchild
- Brother, sister
- Spouse(s)
- Civil partnership Partner
- Cohabiting partner
Please note
a nephew, niece, brother-in-law, sister-in-law, son-in-law, daughter-in-law cannot be authorized.
Several persons of the same family may be entitled. Their missions are then determined by the judge.
FYI
The authorized person shall carry out his duties as free.
An application for the designation of an authorized person may be made by:
- Person to protect
- One of the people who may be entitled
- Public Prosecutor.
Medical certificate
To apply for a family authorization, you must obtain a detailed medical certificate to a doctor selected from a list drawn up by the public prosecutor.
This doctor may seek the opinion of the doctor treating the person to be protected.
The list of competent doctors may be obtained from the court of home of the person to be protected at the Registry of the Protection Dispute Judge (former guardianship judge).
Who shall I contact
FYI
some courts publish the list of licensed doctors on their site.
Application to the protection litigation judge (former guardianship judge)
The request is made to the judge, directly or through the public prosecutor who has himself been requested by a doctor.
The application must obligatory include the following parts:
- Full copy of birth certificate the person to be protected, less than 3 months old
- Copy (double-sided) of a proof of identity of the person to be protected, including his name, forename, date and place of birth, a photograph and his signature and the identification of the authority which issued the document, the date and place of issue
- Copy (double-sided) of a proof of identity of the person applying for the family authorization, including his name, forename, date and place of birth, a photograph and his signature and the identification of the authority which issued the document, the date and place of issue
- Detailed medical certificate
- Completed Application Form
Depending on the situation, the following documents shall be attached:
- Copy of the marriage contract or Civil partnership agreement of the person to be protected
- Copy of the family record of the person to be protected
- Medical certificate issued by a doctor on the list of the public prosecutor attesting to her inability to meet with the judge
- Copy of the identity document and copy of the domicile of the person wishing to perform the functions of an authorized person
- Letters from family members accepting this appointment
- In case of willingness to sell a property, at least 2 notices of value of this property
A sample letter is available:
The file must be sent to the protection litigation judge at the court of the home of the person to be protected.
Examination of the request
The judge will hear the person to be protected and consider the application (called request).
However, the judge may, in justifying his decision and on the advice of the doctor who examined the person to be protected, decide that it is not appropriate to proceed with his hearing if it would harm his health or if he is unable to express himself.
The judge ensures that the relatives (known to him at the time of his decision) are okay with the measure or, at least, do not object. The judge must also obtain the consent of the person to be protected.
FYI
The attendance of a lawyer at the hearing is optional.
Decision of the judge
The judge shall decide on the choice of the authorized person(s), the scope and the duration of the authorization. It must specify whether it entrusts the authorized relative with a mission of representation (i.e. decision-making according to the wishes and interests of the person to be protected) or assistance (i.e. advice).
To do this, he checks that his choice is in accordance with the property interests (real estate, money invested, shares...) and personal interests of the person to be protected.
The judge may, at any time, replace a judicial protection measure (safeguard of justice, trusteeship or guardianship) by a family empowerment measure after obtaining the opinion of the person in charge of the protection measure (authorized representative, curator, guardian). This replacement may take place if the conditions of family entitlement (agreement of the person to be protected, adherence of relatives, legal capacity of the person to be entitled) are met.
The judge may also consider that the requested family authorization is not adequate to ensure the protection of the person and order a safeguard of justice, a trusteeship or a guardianship.
FYI
the family entitlement by representation or assistance may not be combined or combined with a guardianship or guardianship measure.
The judgment that grants general authorization is marked in the margin of the birth certificate.
Appeal of the decision
An appeal from the decision of authorization may be made in 15 days who follow his notification. This can be done by:
- Person to protect
- Authorized person
- Member of the (restricted) family of the person to be protected, i.e. ascendant, one descendant, brother, sister, partner, CIVIL PARTNERSHIP partner, common-law partner.
FYI
The assistance of a lawyer is optional.
Family entitlement may be general or limited to certain acts.
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General Entitlement
If the interest of the person to be protected so requires, the judge may decide that the authorization be general. Entitlement allows the person representing the person to act on their behalf.
The person who is entrusted with the general authorization can thus accomplish all the acts : administrative acts (maintenance of a property, followed by a bank account...) and disposal of property (sale of a house, a building...). He is acting on behalf of the protected person.
In principle, the authorized person as part of a general authorization may not perform an act for which he is in opposition to the protected person's interests. However, exceptionally, the judge may authorize it because the interest of the protected person so requires.
FYI
as regards the accounts and bank records of the protected person, unless the judge decides otherwise, the authorized person may freely open, close or modify other accounts and bank records.
The judge shall determine the duration of the authorization. However, it may not exceed 10 years. He can to renew the authorization for the same period on the basis of a detailed medical certificate.
Where the improvement of the health status of the person to be protected cannot be envisaged, the judge may renew the measure for a longer period not exceeding 20 years. In such cases, the decision must be reasoned and taken on the basis of the assent of a registered doctor.
Please note
a general family entitlement shall be mentioned in the margins of the birth certificate of the protected person.
Entitlement limited to one or more acts
The authorization may relate to the following acts:
- Administrative acts (maintenance of a property, followed by a bank account...)
- Deeds of disposition of property (sale of a house, a building...). Deeds of disposition free of charge (donations) may be made only with the permission of the protection litigation judge.
- Acts concerning the person himself (deciding on a medical operation, a marriage...)
The protected person may continue to perform acts not entrusted to the authorized person.
The authorization of the protection litigation judge (former guardianship judge) is required for the following acts:
- Act of disposition free of charge (e.g. draft donation)
- Waiver of a loss-making estate
- Arrangements to be made (sale, rental...) on the accommodation of the protected person
- Conflict of interest on an act between the authorized person and the person to be protected. This may be the case in the case of an inheritance, for example, where the person entitled to the authorization also has the status of heir
- Act seriously affecting the privacy of private life
- Annulment or revision of an act taken by the protected person himself which is contrary to his interests
Only a few acts are strictly prohibited. They differ depending on who sets them.
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Acts prohibited to the authorized person
- Acquiring or renting personal property belonging to the protected person
- Carrying out commercial transactions, on his behalf, from the property of the protected person
- Renounce a life interest of the protected person or its assignment
- Subscribe a bond who engages the protected person
- Subscribe to an insurance policy in case of death
Please note
If the authorized person carries out alone an act which does not fall within the scope of the authorization or which could only be carried out with the authorization of the judge, the act shall be void without it being necessary to justify prejudice.
Acts prohibited to the protected person
- Write a future protection mandate for yourself or for someone else
- Establish a power of attorney for another person in his or her bank accounts
- Entering Alone acts of disposition or administrative
Please note
If the protected person has acted alone and entrusted to the authorized person, the act shall be void without there being any need to justify prejudice.
Family entitlement ends in the following situations:
- Death of the protected person
- Placement of the protected person under safeguard of justice, under trusteeship or under guardianship
- Final judgment revoking the authorization (release) issued by the judge at the request of the protected person, one of the relatives of the protected person or the public prosecutor. This is the case when the conditions for entitlement are no longer met or when the family entitlement is prejudicial to the interests of the protected person
- On expiry of the time limit laid down, in the event of non-renewal of the authorization
- After completion of the acts for which limited authorization had been given
Person eligible to apply for renewal of a family entitlement
Renewal of a family entitlement may be applied for only by one of the following persons:
- Person exercising the judicial protection measure
- Person to protect
- Spouse or wife
- Partner of Civil partnerships: titleContent
- Common-law partner or common-law partner
- Parent or allied
- A person with a close and stable relationship with the adult (for example, ascendant, descendant, brother, sister)
- Public Prosecutor.
Date on which to apply for renewal of a family entitlement
You have to apply at least 6 months before the due date of the measure.
Application to the protection litigation judge (former guardianship judge)
Your renewal application must be submitted using the following form:
Application to the guardianship judge - Re-examination of an adult judicial protection measure
The application shall contain the following information:
- Your contact information
- Relationship with the protected person
- Contact details of the protected person
- Whether or not the protected person is able to travel and be heard by the judge
- References of the current family entitlement (file number, date of the initial decision,...)
- Reasons for requesting renewal
The application must be dated and signed.
The application must obligatory include the following documents:
- Full copy of birth certificate of the person to be protected less than 3 months old
- Copy (double-sided) of a proof of identity of the person to be protected, including his name, forename, date and place of birth, a photograph and his signature and the identification of the authority which issued the document, the date and place of issue
- Copy (double-sided) of a proof of identity of the person applying for the family authorization, including his name, forename, date and place of birth, a photograph and his signature and the identification of the authority which issued the document, the date and place of issue
Depending on the situation, the following documents shall be attached:
- Copy of the marriage contract or Civil partnership agreement of the person to be protected
- Copy of the family record of the person to be protected
- Medical certificate issued by a doctor on the list of the public prosecutor attesting to her inability to meet with the judge
- If you request a renewal of the measure by making it worse, detailed medical certificate drawn up by a doctor on the list of the public prosecutor
- If you request the renewal of the measure in the same or lighter form, a detailed medical certificate drawn up by the doctor treating the protected person
- If you request the lifting of the measure, a detailed medical certificate issued by the doctor treating the protected person.
FYI
Some courts publish the list of licensed doctors on their site. Alternatively, you can obtain it at the registry of the court or at the registry of the local court.
The request for renewal must be addressed to the court of the place of residence of the protected person (guardianship court service).
Who shall I contact
Examination of the application for renewal of a family authorization
In deciding whether the authorization should be renewed, the judge examines the documents provided and the situation of the protected person and the authorized person.
In order to do so, the judge may hear the persons concerned and other close family members if he considers it necessary.
The hearing is not public.
FYI
The attendance of a lawyer at the hearing is optional.
Decision of the judge
The judge may either:
- renewing family entitlement,
- refuse to renew the family entitlement if he considers that the measure is no longer necessary or appropriate,
- amend the conditions of the authorization if it considers it necessary.
Appeal of the decision
An appeal of a decision to renew or not renew an authorization may be made in the 15 days who follow his notification. The call can be made by one of the following people:
- Person to protect
- Authorized person
- Member of the (restricted) family of the person to be protected, i.e. ascendant, one descendant, brother, sister, husband or wife, Civil partnership partner, common-law partner or common-law partner.
FYI
The assistance of a lawyer is optional.
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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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
- House of Justice and the Law
- Legal permanence
- Judicial agent
- Lawyer
- Notary
- Doctor
Effects of the authorization
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