What is the cost of a guardianship or curatorship?

The measure may be exercised as free if it has been entrusted to one of the following persons:

• Person with whom the protected minor or adult lives as a couple
• Family member (e.g. father, mother, brother)
• Close (e.g. friend)

However, the protection litigation judge or the family council may authorize the payment of compensation to the person responsible for protection.

This compensation depends on the size of the assets managed (e.g. if the protected person has a significant asset) or the difficulty of exercising the measure.

The judge or family council shall determine the amount of the compensation.

It is the responsibility of the protected person.

The agent exercising the measure may be one of the following:

• Service authorized by the prefect of department
• Natural person authorized by the prefect of department to practice in an individual capacity
• Employee (staff) of a health or medico-social institution designated by its institution to carry out this activity

In order to exercise the protection measure, the authorized representative shall receive remuneration.

The financing of measures for the legal protection of adults, exercised by judicial agents for the protection of adults is based on 3 levels:

• Costs of protective measures according to indicators taking into account in particular the workload related to the execution of the measures, but also the place of life of the protected person and his resources
• Participation of the protected person according to his resources and capped at the cost of the measure
• Subsidiary public funding paid according to rules that vary depending on the trustee​.
  Example: an associative trustee will receive funding in the form of an endowment or grant, an individual trustee will receive an indemnity calculated by file.

The indicators taken into account to assess the cost of the measures are:

• The nature of the missions or measure: 3 categories of measure
  1^era category: enhanced curatorship - judicial accompanying measure - special mandate - enhanced curatorship of property or person
  2^th category: guardianship - guardianship of property or person
  3^th category: simple guardianship - substitute guardian or trustee (to property or person).

• The place of life of the person: in an institution, at home or in an institution with home preservation
• The level of resources and wealth of the person: 10 income bands and for each band a rate of increase of the tariff is fixed.

The protected person must participate in the financing according to his income unless it does not exceed the annual amount of the aah of 2023 i.e. € 11,612.28.

The income taken into account is that received in the year preceding the introduction of the measure. The same applies to the annual amount of the AAH.

If the resources of the protected person exceed €11,612.28, the amount of the participation varies according to his income.

This participation is monthly.

Sampling is carried out by slice as with income tax.

After notice of public prosecutor, the judge may exceptionally grant the judicial representative a supplementary allowance. It must have as its object the performance of an act or a series of acts requiring particularly long or complex work. For example:

• Settlement of an estate
• Follow-up of judicial or administrative proceedings
• Sale of a property
• Family Conflict Management

The representative must submit his claim for compensation, accompanied by supporting documents necessary, to the protection litigation judge (or family council if constituted).

The trustee must justify the exceptional nature of the workload and the inadequacy of the amounts collected.

The judge may invite the judicial representative to provide further explanations. Travel or subsistence expenses may be added to this additional allowance. These allowances are the responsibility of the protected adult.

Exceptionally, the prefect may temporarily grant a partial reduction or the removal of the protected person's entire participation in one of the following situations:

• Particular difficulties linked to the existence of debts incurred by the protected person before the opening of guardianship or trusteeship
• Need to meet imperative expenses