Act to amend various provisions
as regards the protection of persons
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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Here is some general information about the rights of a person under tutorship, curatorship or a mandate.
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 processfor 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.
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:
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.
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:
Like the initial assessment, the reassessment has two components, medical and psychosocial.
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.
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 by the health institution with the court in the judicial district where the person resides.
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: