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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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.
Examples of provisional administration
Provisional administration is sometimes required, in order to:
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.
In order for the Curateur public to intervene, three conditions must be met:
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:
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.