Explainer: ‘tutelle’ and other forms of power of attorney in france

When illness, disability or an accident leaves an adult unable to take care of themself and their property, a judge can be asked to appoint someone else to represent them under one of two

systems of legal guardianship: _tutelle_ or _curatelle_. _TUTELLE_ IS MORE RESTRICTIVE THAN _CURATELLE_ In the first, the judge designates a person (or people), called a _tuteur_, to

represent the person in certain everyday tasks and might specify what the protected person can and cannot do on their own. In _curatelle_, one or more _curateurs_ are appointed, to advise or

accompany the person in important acts. Of the two, _tutelle_ is more restrictive, while _curatelle_ should allow the person involved more freedom. For example, under _curatelle_, they

might be able to continue to manage property, including renting it out, but would need to have help to sell it or to take out a loan. READ MORE: CAN A PROXY SIGN ACTE DE VENTE FOR FRENCH

PROPERTY PURCHASE FOR ME? OFTEN THE JUDGE’S OFFICE NOT A COURTROOM IS USED FOR PROCEEDINGS In either case, a _juge des contentieux de la protection_ imposes this legal protection. An

application is made to this judge at the local _tribunal judiciaire_ court, by the affected person or someone close to them, such as a partner, parent or the person’s in-laws. The affected

person must appear before the judge and express their view unless there is a medical note stating that this is not possible. They have the right to an_ avocat_ (lawyer). Proceedings are held

behind closed doors and often the judge’s office is used, rather than the courtroom. If possible, _tuteurs _or_ curateurs_ will be members of the person’s family. Where this is not

possible, a professional who specialises in the area, called a _mandataire judiciare à la protection des majeurs_, will be appointed by the court. WHAT COSTS ARE INVOLVED? The process itself

is free but medical certificates outlining the person’s mental state and likely outlook, which are often required, have to be paid for, with a fixed rate of €192 per certificate. If the

person or their relatives cannot or will not pay, judges can order these, in which case the charge falls on the state. If lawyers are involved, their fees must be paid too. The judge will

rule on how long the set-up should last, and renewals may be granted, within certain limits. These guardianships can be ended in several ways, notably if the judge deems them no longer

necessary. Attitudes are changing but, unfortunately, there can still sometimes be stigma attached to being placed under _tutelle_ in parts of France. Part of the reason is financial as

service providers might fear complications if they have to deal with a guardian, especially if that is a professional who does not live locally. However, as well as _tutelle_ and

_curatelle_, five other legal procedures have been developed to protect vulnerable people, especially the elderly. 1. _MANDAT DE PROTECTION FUTURE_ _Mandat de protection future _allows an

adult, the _mandant_, to designate one or more _mandataires_ who can look after their interests in the future, if they cannot. There are two forms:_ mandat sous signature privée_, limited to

administrative tasks, and _mandat notarié_, which allows a _mandataire_ to do more. In the former, the_ mandataire_ could, for example, renew a tenant’s lease for an investment property; in

the second, he or she could also sell the property. Both aim to anticipate a loss of mental or physical capacity and to avoid the more formal _tutelle_ or _curatelle_. There might be a

single _mandataire_, or the person asking for the mandate can appoint several _mandataires_ with designated tasks – someone to look after a person’s physical needs, and someone else to look

after their money, and a third person to look after their property investments, for example. READ MORE: WHAT IS THE FRENCH EQUIVALENT TO A ‘LASTING POWER OF ATTORNEY’? 2. _SAUVEGARDE DE

JUSTICE_ _Sauvegarde de justice_ is a short-term protection measure that can be deployed while a judge decides on a _tutelle _or a_ curatelle_, or while a person recovers – for example, if

they are incapacitated due to illness. The_ sauvegarde de justice _can be either a medical- or judicial-led procedure and applies when adults have physical or psychological difficulties due

to illness or injury. Infirm elderly people can also use the system, as can adults whose physical or mental difficulties mean they cannot express immediate wishes but might be able to do so

in the future. 3. _HABILITATION JUDICIAIRE POUR REPRÉSENTATION DU CONJOINT_ _Habilitation judiciaire pour représentation du conjoint_ allows married people to represent their spouse in

administrative matters if they cannot do so themselves due to mental incapacity, illness, disability, an accident or hospitalisation. It is not available to people in a civil partnership and

any adult children have to agree to it. 4. _HABILITATION FAMILIALE_ _Habilitation familiale_ allows a broader range of acts to be carried out and for other close family members to represent

the individual. They include a spouse, adult child, parent, grandparent, brother, sister, Pacs partner or unmarried partner. The person subject to the habilitation must be unable to express

their wishes about, or understand acts of, daily life. It is given only where alternatives such as a _mandat de protection future _are not enough to protect their interests. 5. _UNE MESURE

D’ACCOMPAGNEMENT SOCIAL PERSONNALISÉ_ (MASP) OR _JUDICIAIRE _(MAJ) _Une mesure d’accompagnement social personnalisé_ (Masp) or _judiciaire_ (Maj) is put in place by social services to

protect adults unable to manage their benefits and other money (for example, they are liable to give large sums away or to make inappropriate purchases). A Masp can be ordered at the request

of the person, while a Maj is due to a judicial process started by a social worker. To get more information about these measures try contacting legal professionals, free LEGAL HELP CENTRES,

your mairie, or help services for the ELDERLY. RELATED ARTICLES IS AN ENGLISH ‘LASTING POWER OF ATTORNEY’ VALID IN FRANCE? MAKE END-OF-LIFE WISHES KNOWN WITH A FRENCH ‘LIVING WILL’ SIX

PIECES OF ADVICE IF YOU PLAN TO GROW OLD IN FRANCE