Archive for the ‘LEDROT’ Category

Protection of incapacitated adults

Friday, September 12th, 2008

Article 488:
“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
  • Guardianship.

Safeguarding Justice
Definition:
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. (more…)

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