Family law

Guardianship: everything about the guardianship

Guardianship is a legal representative of a person requiring special protection, such as a minor or an adult whose mental or physical faculties are severely impaired. The person benefiting from such a system is placed in a state of almost total failure and will be represented by a guardian who will accompany him or on his behalf and in the interest of the most important acts of his life.


Who can benefit?
A minor child:

  • On the death of parents;
  • In the forfeiture of parental authority of two parents;
  • By special decision of the guardianship judge.

An adult:

  • If his mental or physical faculties are impaired severely at birth, by disease or accident or because of age;
  • And if he needs to be represented in a continuous manner in acts of civil life.

Guardianship is a measure of the strongest protection. It is pronounced as a last resort, if the backup of justice or guardianship is insufficient.

What should I do?
It should be necessary to referred to the guardianship judge of the district court of the place of residence of the person under guardianship to a written request, which can be made ​​using a pre-printed form provided by the court registry.

For minors, in addition to the cases provided for by law (death of parents or forfeiture of parental authority), the guardianship can be opened:

  • At the request of parents;
  • At the request of relatives or allies;
  • At the request of the public prosecutor;
  • Assigned by the guardianship judge.

For adults, the guardianship judge chooses to open a guardianship application:

  • The major himself;
  • Spouse not separated or divorced;
  • His parents, children or siblings;
  • A friend (provided there is a close relationship between them and stable);
  • The guardian (if the key is already under curatorship and his condition requires stronger protection mode);
  • The prosecutor.

Who chooses the guardian?
In the case of a minor, the guardian is appointed by the last living relative before his death (including when it is a will of testament).
Failing guardianship is referred to the ascendants which the nearest degree.

In case of dispute or default ascending, the Family Council who choose to minor, convened by the guardianship judge. The guardian may be:

  • The person designated by will;
  • Ascendant;
  • A relative by blood or marriage;
  • Someone outside the family.

In the case of an adult, a person can choose his own guardian. Otherwise, the judge shall appoint:

  • Or the spouse of the major trust as guardian (unless prevented manifest);
  • Or PACS partner or cohabitant;
  • A parent, a friend or any other person (except the doctor);
  • Or, as a last resort, a legal representative for the protection of adults.

What is the role of the tutor?
For a minor, it shall:

  • To regulate the conditions of education of the child;
  • To represent in the acts of the civil life which he can not do it alone;
  • To manage his goods as a good father of family, i.e. to make a healthy and honest management so as to protect the heritage from the child. For acts of ordinary administration (maintenance or repair …), the guardian may act alone. However, for the most serious acts which affect the assets of the beneficiary of guardianship (eg, sale of a property), the guardian must obtain the approval of the Board of families;
  • Accountable to the end of guardianship (in its majority or emancipation).

For a major, several types of guardianship may be established by the judge applied the system depends on each case, the family and financial situation of the applicant and his medical condition.

Guardianship with family council is the authority of principle: it requires the establishment of a family council and the appointment of a guardian and a surrogate guardian. Guardian must manage:

  • His property;
  • To assign to his treatment;
  • To represent for the acts of the civil life which he cannot do.