“The majority is 18 years; At this age, it is capable of all acts of
civil life. Is nevertheless protected by law, or during a particular act or a continuous manner, the only major change in his personal faculties [mental and physical] began in the impossibility of one’s interests. May similarly be protected, the major who, by his extravagance, his intemperance [alcohol], or idleness, exposed to fall in need, or impair the performance of family obligations. ”
The 1968 Act provides, under the condition of patients, 3 protection schemes:
- Safeguarding Justice
- The curatorship
The safeguarding of justice is an emergency measure applicable to any major who need to be protected in acts of civil life.
Causes of backup:
It takes a mental impairment resulting from illness, infirmity or weakness due to age or physical impairment if it prevents the expression of the will.
There must have extravagance, intemperance, idleness, but this only in part, for the duration of proceedings for guardianship.
Regarding the duration of the backup, when established by the court of guardianship remains in force until the guardianship or curatorship (times 2 months and 6 months are no longer respected).
The effects of the measure:
There is no disability. The major retains the exercise of his civil rights and civil. The major acts that could be done rescindable for injury or reducible to excess. The action for rescission to cancel a deed.
The publication of the safeguard of justice:
This measure is simply placed on a register kept by the prosecution.
End of backup of Justice:
- The doctor said that prosecutor that the situation has left anterior,
- The backup after 2 months or 6 months is not renewed,
- If removed automatically by the prosecutor when the latter considers that the protection is unnecessary or improper,
- Where opening a guardianship or trusteeship.
It is a system of interim protection, it is between safeguarding justice and guardianship. It is therefore a partial disability.
Causes of guardianship:
-people whose mental or physical faculties are impaired, people needing counseled and monitored;
the-prodigal-indulgent and lazy (with and without mental impairment).
The petition to the court of guardianship by the person to protect himself or family (conjoint, ascendants, descendants, brothers and sisters).
A notice may be given by distant relatives, friends, allies, the attending physician and director of the institution.
Effects of measurement:
The major under curatorship may perform certain acts or protective tape: recording of a mortgage, disposition of furniture commonly used legal action relating to a property right (ie on a property).
The key is protected under curatorship by the action for rescission or for injury reduction for excess and void in respect of acts for which the assistance of the curator.
The major under curatorship may
Grasping his back-only,
Voting, but not be eligible
Can be guardian or belong to a family council,
Can-do particular acts (gift with the opinion of the Trustee, marriage with the consent of the Trustee and if he refuses to agree with the judge).
The curatorship attenuated or enhanced:
The inability of the major under partial guardianship may be modified. This is provided for by Article 512 of Civil Code:
“In appointing the guardian, the judge may order that he receive only the income of the person under curatorship, it will even against third parties, the settlement costs, and pay the excess, if any , an account with an approved dispositaire. The Trustee appointed to this mission reflects its management annually to the guardianship judge. ”
The decision to increase or reduce the curatorship will be taken following the opinion of the treating physician.
It is a protection scheme the most comprehensive and heavier. It is an absolute failure. The key is represented continuously in acts of civil life.
The opening procedure:
The petition is addressed to the guardianship judge by the person to protect itself, the family (spouse, parents, children, brothers and sisters). The Trustee, the prosecutor and the judge of guardianships may take up office.
Distant relatives, friends, allies, the attending physician and the facility director can give an opinion.
Causes of tutatelle:
-people whose mental faculties are impaired (lack of insight, ability to manage their property, inability to express his will), established by a medical certificate from medical specialist.
Effects of trial:
Loss of legal capacity,
Loss of civic and political rights,
Special rules for certain acts.
The various forms of supervision:
Guardianship of the state.