Aging can sometimes lead to diminished physical and mental capacities, leaving seniors unable to make informed decisions or express their wishes. This loss of autonomy affects daily activities, administrative tasks, and asset management. Family authorization—a flexible judicial measure—empowers a trusted relative to act on their behalf, offering protection without the rigidity of curatorship or guardianship.
Family authorization is a targeted protective measure for individuals, often elderly with illnesses or dependencies, who lack the capacity to voice their intentions. Approved by a protection litigation judge, it enables close relatives—such as children, parents, siblings, spouses, or civil partners—to assist, represent, or perform everyday acts on the vulnerable person's behalf, bypassing more formal judicial protections.
This authorization is provided free of charge. Applicants must prove their family ties (e.g., via a family record book) and secure letters from other relatives endorsing their appointment, ensuring family consensus and robust protection for the senior.
For seniors unable to manage their affairs independently, family authorization can be general (noted on the birth certificate margin) or limited. Under general authorization, the appointed relative handles all administrative acts (e.g., opening bank accounts, signing leases) and major asset decisions (e.g., property sales, loans, donations). It's granted for a maximum of 10 years, renewable if the senior's condition persists.
Limited authorization restricts the relative to specific acts, allowing the senior to retain some autonomy in daily matters.
Family authorization requires a judge's order and proof that other representation options fall short. A qualifying relative files the request directly with the judge or via the public prosecutor.
Required documents include: a detailed medical certificate (from an approved doctor or the senior's physician) outlining the impairment, prognosis, representation needs, and the senior's ability to comprehend; a birth certificate less than 3 months old; copies of ID documents; and the completed "Request for legal protection of an adult (family authorization or judicial protection)" form, as per service-public.fr: "the detailed medical certificate describes the deterioration of the person's faculties and the foreseeable evolution. It specifies the consequences of this alteration on the need to be assisted or represented and indicates whether the person is in a position to explain his situation."
The judge typically interviews the senior, or relies on the medical opinion if impractical. Unlike judicial safeguards, curatorship, or guardianship, family authorization involves no ongoing judicial oversight.
It ends upon the senior's death, placement under another measure, unmet conditions, detriment to interests, expiration of the term, or completion of authorized acts.
