Expertise

Vulnerable
individuals

With advances in science, life expectancy has continued to increase, regularly requiring protective measures to be put in place. The law allows you to take steps to protect yourself in the event of an alteration in your faculties, so that certain decisions are not imposed on you. Whether ,you are an adult who feels vulnerable or a parent, or close relative of someone who is incapacitated, protective measures are possible and often necessary to ensure your/their protection.

We can help you organise your future with a future protection mandate. In the form of a private deed, we will help you to plan ahead for your protection, in particular by designating the person or people who will represent you on the day when you are no longer capable of looking after your own interests. Once this measure has been put in place, we will assist the vulnerable adult or his or her next of kin, in the event of any conflict or misunderstanding.

We will also help you to apply for the protective measure that best meets the interests and needs of your loved one, and to intervene before the judge in charge of protection conflicts, in the event of difficulties in the care of the vulnerable person (family dispute, request to change guardian, challenge to a protective measure, changes to protective measures, etc.).

There are a number of different protective measures that can be applied for by the protection judge (formerly the guardianship judge), including legal protection, simple or general family empowerment and authority, simple or reinforced guardianship.

These measures are gradual, proportionate and tailored to the degree of impairment of the person’s personal faculties.

In the case of a married couple, and regardless of the matrimonial regime of the spouses, it is also possible, when one of the spouses is unable to express his or her will, to apply for judicial authorisation to represent the spouse and/or to perform acts on his or her behalf and for judicial transfers of the administration of the spouses’ own or joint property.

The firm will help you with all these procedures, advising you and providing you with a response tailored to your needs.

Any vulnerable person whose physical or mental faculties have been medically impaired, as confirmed by a detailed certificate, preventing them from expressing their wishes,
can benefit from a protection measure for their person and/or property.

 

There are a number of different protective measures that can be applied for by the protection judge (formerly the guardianship judge), including protection by the court, simple or general family guardianship, simple or reinforced guardianship or guardianship.

 

These measures are graduated, proportionate and individualised according to the degree of impairment of the person’s own faculties. These measures range from short-term assistance to the protected adult for limited acts, to full representation by a third party.

In the case of a married couple, and whatever the matrimonial regime of the spouses, it is also possible, when one of the spouses is incapable of expressing his or her will, to apply for judicial authorisation to represent the spouse and/or to take action on his or her behalf and for judicial transfers of the administration of the spouses’ own or joint property.

The firm will help you with all these procedures, advising you and providing you with a response tailored to your needs.