When an elderly person enters an accommodation establishment, their loved ones often have to leave their empty home. If the parent already benefits from a protection measure, the person who assists him (the curator) or who represents him (the guardian) must petition the judge so that the sale is authorized. “We are trying to make a decision very quickly in this case. In my jurisdiction, in Montbéliard, we render a decision within a month at most”, testifies the guardianship judge Antoine Galletti. Accompany your request with a medical certificate attesting that your parent is no longer capable of living alone at home and that the situation will not improve (no need to contact an expert doctor, the document can come from the attending physician, but not the one working in the accommodation establishment). Provide two estimates of the property.
In the case of family authorization, uncertainty remains as to the possibility for the authorized person to sell the protected person’s housing, or their second home, without new authorization from the judge. As the text of the law was written, doubt is allowed. “In my jurisdiction, we consider that it is the spirit of the law to trust families and that they should not come back to see us, including for this act. Also, to limit these unnecessary requests and in order to make life easier for families, we include in the judgment the authorization to sell the accommodation as soon as we open a family authorization, even if this is not planned.explains Judge Perrine Chaigne, vice-president of the Lyon judicial court.