How is a protection measure for adults (guardianship, curatorship, family empowerment) monitored?

In order to ensure that the protective measure imposed by a guardianship judge is exercised in the interest of the protected adult, several measures may be put in place.

In all situations, it is possible for a relative or protected adult to report any breach to the guardianship judge.

Designation of a substitute guardian or substitute trustee

In a guardianship or curatorship, in order to exercise control over the measure, the relatives of the protected adult may apply for designation of a substitute guardian or substitute trustee. This request may be made at the time of the initial application for a protection measure or later, when the protection measure is already in place.

Among its missions, the substitute decision-maker must monitor past actions by the guardian or curator.

He must immediately inform the guardianship judge if he finds misconduct committed by the guardian or trustee.

Management account control

In a guardianship or a enhanced curatorship, the person in charge of the protection measure shall be subject to control.

Every year, the guardian or curator shall file an annual management account. This document should include the operations carried out on the protected major's assets (finances, real estate ...) as well as the state of its debts.

Once established, the annual management account is audited. The control consists in check whether the person in charge of the protection measure has carried out his task without error or misappropriation.

Supervision by the guardianship judge and the prosecutor

The guardianship judge and the public prosecutor exercise general supervision of the protective measures imposed on their territory.

They can visit or show people under protective measures.

The persons responsible for protection are obliged to attend the summonses of the judge or prosecutor and to communicate to them any information they require.

When a protection measure reaches the end of the period for which it was imposed, the guardianship judge is called upon to rule on the renewal of the measure. On this occasion, he may check that the guardian, curator or authorized person (in a family empowerment) acts in the interest of the protected person.

At any time, a third party or the protected middle finger itself, can make a reporting to the guardianship judge where it finds that the person responsible for protection is not acting in the interest of the protected person.

The alert may be made by a letter written on free paper and addressed to the guardianship judge responsible for the protection measure. This is usually the judge of the court or court near the place of residence of the protected adult.

If the judge finds that there are shortcomings, he can defer the person in charge of the protection measure.