Person without legal protection measure

Relatives or friends looking after an incapacitated person should remember that the Curateur public is always available to advise them or direct them to the appropriate resources.

Sometimes a person who is incapable of taking care of themselves and their property is simply looked after by their immediate circle, without legal protection measures being used. In cases like this, the Curateur public does not play a supervisory role. However, if it receives information about abuse, the Curateur public uses the means at its disposal to investigate and correct the situation.

Provisional administration

Examples of provisional administration

Provisional administration is sometimes required, in order to:

ensure the person is protected;
intervene in connection with bank accounts (close or block access, cancel bank cards or credit cards, etc.);
pay bills or settle debts (pay real estate tax to prevent seizure of a building);
stop financial abuse.

If a person presumed to be incapacitated is exposed to serious harm or facing some kind of emergency, and needs immediate or short-term assistance, the Curateur public will not leave this person unprotected. However, provisional protection is regarded as an EXCEPTIONAL solution pending the opening of protective supervision, to be used with extreme caution and solely for the person’s well-being.

Necessary conditions

In order for the Curateur public to intervene, three conditions must be met:

the person’s incapacity is established in a report by the director general of an institution (or in exceptional cases, a written statement by a health or social services professional), so that the process for the opening of protective supervision can be launched promptly;
the immediate or short-term nature of the need for protection and the severity of the harm is clearly demonstrated;
there is no third party authorized to act, they refuse to act or their behaviour goes against the person’s interests.

The Curateur public may then undertake administration of property. It may ask for judicial authorization to provisionally administer the property (simple administration) or to protect the person in jeopardy.

It adheres to two guiding principles:

take into account the person’s wishes and the preservation of their autonomy;
act with diligence and prudence.

Consent to care

The Curateur public may consent to care on behalf of a totally isolated person if this person is recognized as unable to consent to it themselves and the Curateur public has been informed that they need protection. Requests should be addressed to the Direction médicale et du consentement aux soins.

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Person without legal protection measure

Provisional administration

Necessary conditions

Consent to care

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