Person under a legal protection measure

Here is some general information about the rights of a person under tutorship, curatorship or a mandate.

During the legal process

A person who is incapable of looking after themselves or their property may, if they wish, be represented by a lawyer at all stages of the legal process for opening of protective supervision or homologation of a mandate. They may also be represented by a lawyer in order to contest their incapacity.

If the person is unable to express themselves during the court examination, a legal counsel may defend their interests.

After the judgment

Right to be informed

The incapacitated person must be consulted about a decision affecting them, and must be informed when the decision has been made.

Right to consent to care

An incapacitated person is legally entitled to consent to care or refuse it, provided they understand the nature and scope of the care.

The tutor, curator or mandatary must ensure the well-being of the incapacitated person and protect their property. This also means defending the person's rights in the legal arena by:

instituting legal proceedings on their behalf if someone causes them hardship or attempts to injure them in any way;
arranging for the person to be represented by a lawyer at the person's expense, if legal proceedings are instituted against them.

In the event of legal proceedings involving a frail adult protected by two representatives (one to the person, the other to the property) the person's rights are defended by the representative to the person, even if the case involves the property. Expenses are paid from the protected adult's patrimony.

Right to reassessment

A person under protection is entitled to a review of the measure protecting them, if they so request.

Except in the case of a mandate, a review has to be conducted:

every three years, in the case of tutorship or protective supervision with an advisor to the person of full age;
every five years, in the case of curatorship.

Like the initial assessment, the reassessment has two components, medical and psychosocial.

Maintaining the measure

Person under mandate

A person under a mandate may decide to revoke or maintain the mandate, following confirmation that they have regained their capacity.

If the reassessment reports recommend maintaining the measure, it continues until the next review.

Ending or modifying the measure

If the reassessment reports recommend lifting or modifying the measure, the person under protection and their representative receive a copy of these reports and a copy is filed with the court in the judicial district where the person resides.

If 30 days after the filing there has been no contestation, the measure is terminated or modified according to the recommendation (e.g. tutorship changed to curatorship). A judgment is not required. The court notifies the person and the Curateur public.
In the event of contestation, the judge rules on the measure recommended in the reports.

If legal representatives neglect their duties

If the incapacitated person's representative fails to fulfil their responsibilities or abuses their position, the person is entitled to ask the court to replace them.

Replacement of the representative may also be requested by the tutorship council, a relative of the protected person or the director of the health institution where the person is receiving care.

Complaints may also be filed with:

the Curateur public;
the Commission des droits de la personne et des droits de la jeunesse, if the person is elderly or disabled.