Your rights – Protection of a person

Vos droits - Protection d'une personne

The request may be submitted by the interested party, a member of his family or a relative, provided in the latter case to justify close ties and stable with the person in need of protection.

Ask your questions to lawyers by e-mail (“MIDI LIBRE “Your opinion”, 34438 Saint-Jean-de-Vedas Cedex) or by email (redac.magazine@midilibre.com).

The illness, disability, accident, which can impair the faculties of a person and making it unable to defend its interests, how to protect it effectively ?

Faced with such a situation, it is possible to apply to the court for the opening of a protection measure. The general condition lies in the inability of the person to provide only its interests either because of an alteration of his mental faculties, either because of an alteration of his faculties of the body which has the consequence of preventing the expression of his will. In both cases, the impairment must be medically ascertained.

Thus, the protection request must be accompanied by “a certificate detailed written by a physician selected from a list established by the prosecutor of the Republic”. This list is in particular available from the guardianship of the court of instance which depends on the person to be placed under protection.

The request may be submitted by the interested party, a member of his family or a relative, provided in the latter case to justify close ties and stable with the person in need of protection. When he considers that a protection is necessary, after examination of the case and a hearing, the judge chooses the most appropriate action (safeguarding justice, guardianship or trusteeship), shall fix the duration of this measure and refers to the person who will be in charge of the exercise.

In any proceeding relating to opening, editing, or the show of hands a measure of protection, you have the opportunity to appeal to a lawyer who will advise you.

Share

Leave a Reply

avatar
  Subscribe  
Notify of