Rights of the incapacitated person

People intervening with an incapacitated person or on their behalf must act in the person's interests, respect their rights, privacy and values, and preserve their autonomy.

An incapacitated person unable to take care of themselves or their affairs is still a fully-fledged citizen entitled to their inviolability and their integrity. In other words, they retain their full civil rights. Once the person is placed under a legal protection measure, these rights are exercised by their representative (tutor, curator or mandatary) instead of by the person themselves.

What are civil rights?

The term civil rights refers to all the prerogatives attached to the person. These include the right to have your privacy, home and correspondence, respected, the right to your own image, the right to enjoy freedom and security, the right to freedom of movement, freedom of thought, freedom of conscience and religion, freedom of expression, freedom of assembly and association, the right to get married and the right to start a family.

Exceptions

A person under protection with an advisor is not regarded as incapacitated. The person retains their legal autonomy and therefore continues to exercise their civil rights themselves. They only call upon their advisor for help with the acts specified in the judgment instituting their protective supervision.

A person under a mandate, although incapacitated, also continues to exercise their rights, within the limits imposed by the mandate.