When illness, accident or disability makes it impossible to protect one’s own interests, the family is often the first to offer support. However, as time passes and traditional forms of representation (such as between spouses or for a minor child) are no longer sufficient, it is preferable to obtain the judge’s approval. Usually, family authorization is granted for a period of 10 years.
Family authorization: a protective measure
It is a protection measure issued by a judge to one or more relatives of a vulnerable person. by the alteration of his physical or mental faculties to assist him or represent him in the areas where he needs (administrative, daily life, health, etc.).
Exclusively exercised by close family, habilitation is better experienced and less restrictive than curatorship or guardianship due to less administrative formalism, but it is also less complete because there is almost no supervision by a judge.
Attention ! In the absence of control by the judge, this measure requires good family understanding and the agreement of the family on the principle as well as on the designated person(s) (called authorized).
How to request it?
Only a limited number of people can initiate the request: the interested party themselves, their ascendants, descendants, brothers/sisters, or their spouse/PACS partner/cohabitant.
The request must be filed before the protection dispute judge (former guardianship judge) at the judicial court of the residence of the person to be protected. It includes the form Cerfa n°15891*03 (to be completed online then download from service-public.fr) accompanied by a medical certificate confirming the impairment of faculties by an authorized doctor, the cost of which is at least €160.
To know : the procedure is free and does not require the use of a lawyer.
Concretely, what does this allow?
The judge decides the extent of the authority’s powers with regard to the needs of the vulnerable person. He can exercise in assistance (he intervenes alongside the vulnerable person like the guardianship) or in representation (he acts instead like the guardianship). The mandate can be general, if it concerns all actions (finances, administration, everyday life, health, etc.), or limited to certain acts.
The ability must ensure the safeguarding of interests of the protected person and ensure their living conditions, medical monitoring or safety. Certain acts, however, require the judge’s authorization because they present a risk for the protected person’s assets (e.g. the sale of the home, the acceptance or renunciation of an inheritance).
To know : the authority carries out its mission free of charge and is liable in the event of errors committed in its management, even involuntary ones.