Guardianship serves as a vital legal safeguard to protect vulnerable individuals and their assets when cognitive or physical limitations prevent independent decision-making. It authorizes a guardian—often a close relative—to represent them in everyday civil matters, ensuring their best interests are upheld.
Guardianship is a court-ordered measure to shield a person and their property if mental or physical impairments hinder self-protection. A designated third party steps in to handle the individual's civil life activities.
As the most comprehensive protection after curatorship, guardianship is decreed by a family court judge specializing in protection cases.
This measure applies to adults unable to express their will or manage affairs—like finances—due to impaired mental or physical faculties.
Requests can come from the individual themselves, their partner (spouse, PACS partner, or cohabitant), a parent or relative (e.g., sibling or parent), someone with close ties, or the public prosecutor.
Applicants must submit a completed Cerfa n°15891 form, plus: a full birth certificate copy of the person to protect; ID copies for both; a detailed medical certificate outlining faculty impairments and the need for representation; proof of relationship (e.g., family record book, marriage or PACS contract); and letters of family consent for the guardian appointment.
The judge then summons the person for an interview, optionally with a lawyer or trusted companion—unless the doctor advises against it.
Judges prioritize family members like children or siblings, consulting the individual's preferences when possible.
If no suitable relative exists, a professional guardian—a "judicial agent for adult protection" listed by the Prefect—may be appointed. These experts, from associations, EHPADs, or independents, provide comprehensive social, administrative, legal, and financial support, including bill payments and asset management. Compensation comes from the protected person's funds or the state if needed.
Multiple guardians, such as a relative and a professional, can be named.
Duties are outlined in the initial ruling. Guardians must submit an asset inventory within 3 months and annual management reports (unless waived for modest estates). Mandates last up to 5 years—or 10 if recovery is unlikely—and end if unnecessary or upon death.
Under guardianship, the individual loses full legal capacity for certain acts without guardian assistance, noted on their birth certificate.
It formalizes decision-making, preventing family disputes—ideal for adult children already managing parental affairs.
Guardians handle routine tasks like leases, bank accounts, or ID renewals; major asset or residence decisions require judge approval.
Voting rights remain intact. Marriage, PACS, or divorce decisions are personal, though guardians must be notified and can object if needed—even proposing a matrimonial agreement for protection. Parental authority is preserved.
