Safeguarding the justice of an adult

Verified 12 June 2026 - Public Service / (Prime Minister)

Safeguarding justice is a short-term legal protection measure who responds to a need for temporary or urgent protection. It is set up by decision judicial or by declaration medical. We present you the information to know.

Judicial decision

The safeguarding of justice concerns the adult person who has need for temporary protection or to be represented by reason of deterioration of mental or physical faculties.

Degradation (we also say tampering) faculties may be related to age, illness, disability, accident, psychological difficulties.

In concrete terms, the person cannot momentarily perform (alone) the acts of everyday life, express his will, or make decisions in accordance with his interests, which makes him vulnerable. For example, it risks putting itself in danger, making excessive expenditures, being the victim of third parties who take advantage of its weakness.

FYI  

One emancipated minor is considered to be a person of full age. It can also be put under judicial safeguard.

The safeguarding of judicial justice may be requested by the following persons:

  • Major himself
  • Person with whom the middle finger to protect lives as a couple
  • Parent or ally
  • A person who has a close and stable relationship with the adult
  • Person already exercising another legal protection measure
  • Prosecutor of the Republic, on its own initiative.

The request for safeguarding of judicial justice is made by query addressed to guardianship judge. The request must be accompanied by a medical finding of the state of faculties of the person to be protected. The judge shall carry out hearings before making his decision.

FYI  

Safeguarding of justice may also be ordered provisionally when a request for guardianship or curatorship is filed for a person who has need for immediate protection.

1Obtain the detailed medical certificate

The state of the faculties of the person to be protected must first be established by a licensed physician by the Public Prosecutor.

The detailed medical certificate of the approved physician is mandatory otherwise the application is inadmissible.

FYI  

The cost of the medical certificate is €192.

2Prepare and file the application

The request is prepared by filling out a form:

Application for legal protection of an adult (family empowerment or judicial protection)

The request must be accompanied by the following documents:

  • Detailed medical certificate
  • Full copy of the birth certificate of the person to be protected
  • Copy (double-sided) of the identity document of the person to be protected
  • Copy (double-sided) of the identity document of the person making the request
  • Documents or information, including to the knowledge of the applicant, about the personal and financial situation of the person to be protected.

The application shall be forwarded to the guardianship judge of the local court or court of justice the place of residence of the person to be protected. The transmission is made by simple or registered mail or by filing the application at the reception of the court.

3Be heard by the guardianship judge

Hearing of the person to be protected

The pre-hearing of the person to be protected is mandatory.

In case of emergency, the hearing may take place after the decision to place the person under judicial safeguard.

Exceptionally, and after opinion of the certified physician, the judge may decide not to hear the person to be protected if she cannot express her will or if hearing can harm her health.

The hearing by the guardianship judge shall take place in one of the following places:

  • Court
  • Place of habitual residence of the person to be protected
  • Any other suitable place.

It takes place in council chamber, i.e. without an audience. However, the person to be protected may be accompanied by the person of your choice with the agreement of the judge.

The judge may hear the person to be protected by presence of the attending physician or any other person if it appears necessary.

For his hearing, the person to be protected has right to legal assistance. She can choose her lawyer or request the appointment of a public defender. In this case, the appointment of the public defender must take place in the 8 days of the request.

One minutes of the hearing shall be drawn up and filed in the file.

Hearing of other persons

The person making the request of safeguarding justice shall be heard automatically at a hearing.

Relatives of the person to be protected are interviewed if the judge considers it useful to hear them. The judge can also collect their opinion by sending them a questionnaire. The family members concerned are:

  • Spouse, partner of Civil partnerships or cohabiting partner of the adult
  • Parent or ally of the middle finger
  • Person with close and stable ties with the major.

FYI  

When a relative volunteer to be substitute decision maker request to be heard, the judge right audition him.

The judge may also hear the public prosecutor to get his opinion. In practice, the prosecutor press release its opinion in writing.

FYI  

In addition to the hearings, the judge may order a measure of instruction at its initiative or at the request of the parties (social survey in particular or findings by any person of his choice). It may also decide to organize a adversarial debate ex officio or at the request of any interested party.

4Waiting for the decision of the guardianship judge

Deadline

The judge must make his decision within 1 year from the filing of the request.

Summons to the hearing

When the case is ready for trial, a hearing is fixed at the end of which the judge will make his decision.

The Registry shall convene the applicant and the middle finger to protect at the hearing. However, the adult is not summoned if his state is incompatible with an appearance in court.

The summons is delivered by hand or sent by letter RAR: titleContent.

The judge may also summon one or more relatives if their presence is useful.

Accessing the folder

Until the judgment is pronounced, the adult to be protected and the applicant (or their lawyers) have access to folder on request.

The relatives cannot view the file only with the authorization of the judge.

Access to the file may be by consultation at the Registry or by issuing copies.

Consultation at the Registry

The applicant, the major to protect and their lawyers have access to the file for consultation.

The relatives must have theauthorization to the judge to consult the file. Authorization is only given if they have a legitimate interest.

The request for consultation shall be in writing.

The consultation shall be organized taking into account the needs of the service. An appointment is set in order to ensure the presence of staff, the availability of the consultation room and the availability of the file.

FYI  

When the adult to be protected consults his file alone, the judge may remove documents from the file if their consultation risks seriously harming the mental state of the adult. The judge makes the decision to exclude exhibits by order motivated.

Issuance of copy

Only the lawyer of the adult in need of protection may obtain a copy of the file or of certain documents in the file. He has no right to hand them over to his client, nor to third parties.

Please note

Once the safeguard of justice is pronounced, the judge may authorize the delivery of the copy of the file to the protected adult who justifies a legitimate interest.

Hearing and decision on the request for safeguard

The hearing shall take place in council chamber, i.e. without an audience.

The parties may be assisted by a lawyer.

The judgment is pronounced on the same day or the file is set in deliberate on a different date. In this case, the parties are informed of the date on which the judgment will be rendered.

The guardianship judge may make the following decisions:

  • Rejection of the application if the conditions are not met
  • Acceptance the request for the safeguarding of justice with designation ofsubstitute decision maker
  • Acceptance the request for the safeguarding of justice without appointment of substitute decision-maker
  • Opening of another measure of protection (guardianship, curatorship in particular) if the person concerned needs stronger protection.

The judge chooses the substitute decision-maker primarily among relatives.

If no relative can or will fulfill this mission, the judge shall designate a legal representative for the protection of adults (MJPM) inscribed on a departmental list maintained by the prefect.

The substitute decision-maker shall be appointed for the performance of specific acts that the protection of the middle finger makes necessary. Examples: taking legal action, using a bank investment, selling a house.

It may be entrusted with a mission of representation. In this case, he will perform the acts in place of the protected adult.

It may also have a mission ofassistance. In this case, he cannot make the decision in place of the major. Its role is to inform the adult about his personal situation and inform him about the acts to be performed (usefulness, urgency, effects, consequences of a refusal).

The substitute decision-maker shall report on the performance of its mission the protected person and the judge. It reports in particular at the end of the measurement.

FYI  

The appointment of a substitute decision-maker may incur costs for the protected middle finger. Indeed, the MJPM shall receive remuneration the amount of which depends on the income of the protected adult. The substitute decision-maker appointed from among the relatives is a volunteer.

The decision of the judge shall be notified to the applicant, at major, at agent special.

Exceptionally, the judge may decide not to have the protected adult's own person notified of his decision if this poses a risk to his health. In this case, the decision shall be notified to the lawyer of the adult, if he has one, and to the person whom the judge considers most qualified to receive the notification.

Sometimes the decision must also be notified to third party when it changes their rights or obligations. This is the case, for example, when the judge suspends or revokes the mandate given by the adult to a third person for the management of his assets.

The notification shall be made as follows:

  • Either by the Registry who sends a letter to the interested parties RAR: titleContent
  • Either by act of commissioner of justice if the judge considers it necessary.

There's no no appeal against the opening decision a safeguard of justice.

However, if the judge designates one substitute decision maker with representation mission, it is possible to contest the choice of the representative and / or his mission by call.

The time limit for appeal is 15 on any given day, it shall run from the date of notification of the decision.

The appeal shall be lodged by declaration made or addressed to the registry of the court which rendered the decision by letter RAR: titleContent .

Please note

The appeal is possible in case of rejection of the request for safeguard: in this case, only the applicant may appeal. The call is also possible in the event of the opening of another protective measure that safeguarding justice.

Maintaining the rights of the adult under protection of justice

The major under safeguard of justice retains the right to perform acts of civil life alone with limits which are:

  • Prohibition of the performance of acts entrusted to asubstitute decision maker when the judge appoints one
  • Prohibition on initiating proceedings for divorce by mutual consent
  • Prohibition to serve as a juror in an assize court trial.

Management of assets of the major under backup

Management of assets by the adult or by agent

The adult under the protection of justice manages his property himself or through agents appointed by him.

If the adult has already appointed an agent to manage his assets, the warrant continues to apply unless the judge's decision revokes or suspends the warrant.

Reminder

The judge may entrust the management of the assets of the adult under the protection of justice to a substitute decision maker.

Management of property by relatives

In the absence of a representative, relatives have a duty to fulfill the protective acts urgent and essential to the preservation of the heritage of the major.

This obligation applies only to relatives who are aware of the protected adult's situation.

Precautionary measures

The guardianship judge may take precautionary measures in order protect the property of the adult who is at risk of being endangered (risk of theft, damage or destruction).

In particular, it may order an inventory of the property in an unoccupied dwelling, the closure of the dwelling and the keeping of the keys. A commissioner of justice, the police, the gendarmerie or the mayor is responsible for carrying out the measure.

If necessary, the judge may also order a commissioner of justice to affix sealed.

Please note

The public prosecutor may also order provisional measures.

Dispute of acts performed during the safeguarding

The safeguarding of justice allows the protected adult to more easily challenge acts contrary to its interests concluded during the safeguard measure.

This concerns acts useless, acts unbalanced (example: selling at a derisory price or buying at an excessive price) or disproportionate in relation to the financial means of the protected adult.

The adult can take legal action to request thecancelation or correction of the act (reduction of price or quantities). He grabs the court of justice or the local court under the ordinary procedure.

The middle finger has no need to prove the existence of a mental disorder at the time of the act.

The judge takes into account the good or bad faith of the person with whom the act is concluded.

The time limit for taking legal action is 5 years from the act.

A substitute decision-maker appointed by the judge may be tasked with bringing the action on behalf of the protected adult.

In the absence of a substitute decision-maker, or if the substitute decision-maker does not have the task of challenging legal acts, the adult alone may bring a challenge before the judge.

If the adult dies, the legal action is transmitted to his heirs. The latter may initiate the action on behalf of the deceased adult or continue the action initiated by the adult during his lifetime.

The safeguard of judicial justice is pronounced for a initial duration from 1 year.

She is renewable 1 time for the same duration, which carries the total duration from measurement to 2 years (renewal included).

Renewal may be requested by the following:

  • Major himself
  • Person with whom the protected middle finger lives in a relationship
  • Parent or ally
  • A person who has a close and stable relationship with the adult
  • Substitute decision-maker appointed to manage the measure
  • Public Prosecutor.

The application for renewal shall be submitted using a form:

Application to the guardianship judge - Reconsideration of a judicial protection measure of an adult

The application shall be forwarded to the guardianship judge of the local court or court of justice the place of residence of the person to be protected. The transmission is made by simple or registered mail or by filing the application at the reception of the court.

The judge may also order renewal ex officio.

The safeguarding of justice ends when one of the following events occurs:

  • Expiration of the measurement duration fixed by the judge (initial or renewed term)
  • Deaths protected middle finger
  • Opening of a new measure protection (guardianship, curatorship, family empowerment).

The judge may also order the release (early termination) of the safeguarding of justice in the following situations:

  • The acts for which the measure was ordered shall be performed
  • The need for temporary protection of the adult no longer exists (he resumes possession of his faculties).

The request for release shall be submitted using the form cerfa no. 14919.

Medical Declaration

The safeguarding of justice concerns the adult person who has need for temporary protection or to be represented by reason of deterioration of mental or physical faculties.

Degradation (we also say tampering) faculties may be related to age, illness, disability, accident, psychological difficulties.

In concrete terms, the person cannot momentarily perform (alone) the acts of everyday life, express his will, or make decisions in accordance with his interests, which makes him vulnerable. For example, it risks putting itself in danger, making excessive expenditures, being the victim of third parties who take advantage of its weakness.

FYI  

One emancipated minor is considered to be a person of full age. It can also be put under judicial safeguard.

The safeguard of medical justice is put in place following the report of a doctor who finds that the patient he examines needs to be protected in the acts of civil life.

The doctor transmits a medical declaration for the purpose of safeguarding justice at public prosecutor of the court of the place of care.

Please note

The guardianship judge does not intervene for the establishment of a safeguard of medical justice.

The medical declaration can be made by a doctor who receives and examine the major in consultation or by doctor of the establishment health care where the middle finger is hospitalized.

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Statement of the doctor of the major

If the doctor of the adult finds that his patient needs protection in the acts of civil life, he can decide to make a medical statement, but it is not mandatory. He is not at fault if he does not make a statement.

If he decides to make a medical statement, it must be accompanied by theassent of a psychiatrist.

The public prosecutor then proceeds to his registration in the backup register of justice.

Statement by the doctor of the health facility

Medical declaration is mandatory when the physician of a health facility finds that the condition of a patient or resident requires legal protection.

The public prosecutor shall registration in the backup register and justice inform the prefect the safeguarding of justice.

The measure is opened from the registration of the medical declaration.

If the adult resides in the jurisdiction of another court, the public prosecutor of the place of care shall inform the public prosecutor of the place of residence.

There's no no recourse in court to challenge the medical declaration and the placement under judicial safeguard.

FYI  

If the need for temporary protection ceases, the public prosecutor may decide to remove the medical declaration from the register of safeguards of justice before the end of the measure. The protected middle finger may request this delisting by writing to the public prosecutor.

Who shall I contact

Maintaining the rights of the adult under backup

Safeguarding justice does not entail noincapacity legal.

The major under backup retains the right to perform acts of civil life alone with limits which are:

  • Prohibition on initiating proceedings for divorce by mutual consent
  • Prohibition ofserving as a juror in an assize court trial.

Management of assets of the major under backup

Management of assets by an agent

If the adult has already appointed an agent to manage his assets, the mandate existing prior to the safeguard measure shall continue to apply.

FYI  

In the context of a medical safeguard, there is no designation of substitute decision maker to take care of the assets of the major. If it seems necessary to appoint one, it is necessary to refer the matter to the guardianship judge.

Management of property by relatives

In the absence of a representative, relatives have a duty to fulfill the protective acts urgent and essential to the preservation of the heritage of the major.

This obligation applies only to relatives who are aware of the protected adult's situation.

FYI  

The same obligation applies to the establishment hosting the adult.

Precautionary measures

The public prosecutor may take precautionary measures in order to protect the property of the adult who is at risk of being endangered (risk of theft, degradation or destruction).

In particular, it may order an inventory of the property in an unoccupied dwelling, the closure of the dwelling and the keeping of the keys. A commissioner of justice, the police, the gendarmerie or the mayor is responsible for carrying out the measure.

If necessary, the public prosecutor may also order a commissioner of justice to affix sealed.

Dispute of acts performed during the safeguarding

The safeguarding of justice allows the protected adult to more easily challenge acts contrary to its interests concluded during the safeguard measure.

This concerns acts useless, acts unbalanced (example: selling at a derisory price or buying at an excessive price) or disproportionate in relation to the financial means of the protected adult.

The adult can take legal action to request thecancelation or correction of the act (reduction of price or quantities). He or she shall apply to the court or the local court in accordance with the ordinary procedure.

The middle finger has no need to prove the existence of a mental disorder at the time of the act.

The judge takes into account the good or bad faith of the person with whom the act is concluded.

The time limit for taking legal action is 5 years from the act.

If the adult dies, the legal action is transmitted to his heirs. The latter may initiate the action on behalf of the deceased adult or continue the action initiated by the adult during his lifetime.

The safeguarding of justice cannot go beyond 1 year.

It is renewable for a maximum of 1 year.

The total duration is 2 years maximum.

Renewal may be requested by the following:

  • Major himself
  • Person with whom the protected middle finger lives in a relationship
  • Parent or ally
  • A person who has a close and stable relationship with the adult
  • Substitute decision-maker appointed to manage the measure
  • Public Prosecutor.

The application for renewal is submitted using the form cerfa no. 14919.

The judge may also order renewal ex officio.

The safeguarding of medical justice ceases when one of the following events occurs:

  • Expiration of the measurement duration (initial or renewed term)
  • Deaths protected middle finger
  • Opening of a new measure of protection (guardianship, curatorship, family empowerment)
  • Medical Declaration made to the public prosecutor certifying that the need for protection no longer exists : the adult is again in possession of his faculties
  • Radiation the medical safeguard decided by the public prosecutor.

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