Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
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You are under the protection of a tutor or curator. This legal representative appointed by the court has to ensure you are protected, look after your property and exercise your civil rights, in a manner appropriate to your level of autonomy.
Everyone is different. When people can no longer look after themselves, what they can still do on their own varies a great deal from one individual to another. What you are allowed to do alone will depend on the type of protective supervision the court has set up for you. Before reaching a decision, the judge carefully considered various reports prepared by a doctor and a professional from the health and social services network (e.g. a psychologist, a social worker or a nurse). These reports are called medical and psychosocial assessments.
Your right to information
You are entitled to be informed about decisions your tutor makes concerning your property. In particular, your tutor has to give you a copy of the annual administration report that they provide to the tutorship council and the Curateur public. In addition, they have to give you any supporting documents at your request.
In this case, you are in one of the three situations described below.
Whatever your situation, you can also rely on a tutorship council, which assists your legal representative and supervises them.
WARNING! If you are under curatorship, you are no longer allowed to perform administrative transactions on your own, e.g. signing a contract. Your curator, who is your legal representative, is the only person allowed to act on your behalf.
If you are totally and permanently incapacitated, you are under curatorship to the property and to the person. The court has appointed someone to protect you and legally represent you. As with a tutorship, it may be that two curators have been appointed, one to administer your property, the other to look after you.
A tutorship council helps your curator and supervises their administration. You can rely on it to see you are being properly looked after.
As soon as your protective supervision comes into force, it is listed on the Curateur public’s protective supervision registers. These registers can be consulted on the Internet by anyone who wants to know if you are under protective supervision.
The Curateur public also opens a file in your name. A staff member will be in charge of it and you can contact them if you require any information.
If there is a change in the protected person’s condition, the protective supervision may be reviewed sooner.
The protective supervision under which you have been placed has to be reviewed:
After you have undergone a medical and psychosocial assessment, one of three things will happen: