How to apply the under protection of a loved one?
Legal protection measures can not be implemented without a lengthy procedure. This is to ensure the relevance of possible actions. In principle, only relatives can apply for such a measure. It is decided by a judgment.
Who can apply for a protection measure?
Protective measures for the near can only are requested by:
- The person to be protected itself;
- His spouse, or partner with which it has entered into a civil partnership, or his partner;
- A relative or an ally, a person talking to the major close and stable relationships;
- The person who already has a measure of legal protection for the individual.
What contains in the application?
The competent authority is the motion judge of the district court of the place of residence of the person concerned. A request must be submitted to the court. The examination periods are very long; this request must be made as soon as possible. It should include:
- A medical certificate establishing the precise alteration of the faculties of the person;
- The identity of the person to be protected;
- The detailed facts that justify a protective measure.
Regarding the medical certificate, it must:
- Accurately describe the boundaries of the faculties of the person;
- Specify the expected path of recognized disorders;
- Indicate the impact of these disorders on the need for support or a representation of the person;
- If the person can exercise his right to vote;
- Indicate if the hearing of the person is likely to harm his health or if it is out of State to speak.
Hearing by the judge
If the certificate does not oppose to it, the judge hears a priority to protect the person. He can do it in the presence of his physician or other person able to calm him. The judge then hears others close to the person. There will be members of his family, but his entourage. If someone has offered to carry the protective measure, it will also be heard by the judge.
The court may rely on the opinion of the treating physician. It can also request a social inquiry, or have communicated the list of bank accounts of the person concerned. Judgment is expected in chambers. The favorable decision may be appealed by the person who is subject to the measure, or other person authorized to request the opening of a safeguard. However, in the case of a refusal, only the person who requested the protective measure may appeal. The time limit for appeal is 15 days. It is done before the court of first instance.