Throughout life, and especially as we age, illness or disability can impair a person's mental or physical abilities, making it challenging to protect their interests independently or handle certain civil matters without guidance. In such cases, a judge may implement a legal safeguard like curatorship. This involves appointing a trusted third party—often a family member—to manage the individual's personal affairs, while allowing them to retain control over everyday decisions.
Curatorship is a judicial protection measure designed to support adults facing difficulties in civil life acts due to illness, disability, or similar impairments. A curator is appointed to assist or oversee these acts as needed.
If the person's condition worsens to the point where they cannot manage independently at all, guardianship may replace curatorship.
Pronounced by a judge, curatorship varies in intensity across several levels.
The mildest form, simple curatorship allows the protected person to handle routine administrative acts independently, such as managing their bank account or purchasing insurance.
For significant decisions impacting personal or financial interests—like selling property, taking loans, or making donations—the curator provides assistance and acts on their behalf, such as with banks.
Here, the curator plays a more active role, collecting the protected person's income and covering their expenses. They gain access to the individual's bank account for these purposes.
In an arranged curatorship, the judge specifies exactly which acts the person can perform alone and which require curator assistance.
Requests for curatorship must be filed with the protection litigation judge at the tribunal judiciaire serving the person's domicile—the sole authority to grant it.
Anyone can request it: the person themselves, their spouse/partner (married, PACS, or cohabitant), close relatives (including in-laws), those with strong ongoing ties, or the Public Prosecutor (sua sponte or upon third-party recommendation, e.g., doctors, social workers).
Applicants submit a completed Cerfa n°15891 form, plus supporting documents: the protected person's full birth certificate, copies of IDs for both parties, a detailed medical certificate outlining faculty impairments and need for support, proof of relationship (family record book, marriage/PACS documents), and family consent letters for the curator appointment.
The judge interviews the protected person and applicant, may order social inquiries, then decides within one year after consulting the Public Prosecutor.
Judges prioritize family (spouse, partner, parents) after seeking the protected person's input.
If unavailable, a professional "mandataire judiciaire à la protection des majeurs" from the prefect's list is appointed. Multiple curators can be named, e.g., one for personal welfare, another for assets.
Non-professionals must consent. Relatives may request a deputy curator to oversee the primary one, reporting faults promptly.
Curators account to the protected person and judge; in reinforced cases, annual reports go to the greffe du tribunal. Terms last up to 5 years, renewable; judges can end or convert to guardianship anytime.
A marginal mention is noted on the protected person's birth certificate.
They retain autonomy for daily personal acts: residence choices, home maintenance, relationships, ID renewals, voting.
Marriage, PACS, child recognition require curator notice; wills are solo, but property sales/donations need assistance. Main residence changes need judge approval.
Curators intervene in dangers, notifying the judge. In reinforced curatorship, they handle expenses.
