When a loved one becomes vulnerable due to age, illness or disability, it may be necessary to set up an appropriate legal protection measure.
Our law firm in Toulon can help you at every stage: application, procedure, contestation and follow-up of guardianship, curatorship or safeguard of justice measures.
Contact our Toulon office for a personalized and confidential consultation.
What is the legal protection of adults?
The purpose of adult protection is to protect the interests of a person who is no longer capable of managing his or her affairs alone.
It is based on three fundamental principles:
- Necessity: only implemented if the situation requires it.
- Proportionality: adapted to the degree of autonomy of the adult.
- Subsidiarity: used only if no other device is sufficient.
See also: Family and personal law
The various measures for the protection of adults
| Measurement | Intervention level | Duration | Special features |
|---|---|---|---|
| Safeguard of justice | Light, temporary | Short (1 year) | Temporary and urgent protection. |
| Curatorship | Average | 5 years renewable | Assistance from the curator for important acts. |
| Guardianship | Strong | 5 years renewable | Full representation by the tutor. |
| Family empowerment | Variable | To be defined by the judge | Given to a loved one, flexible and adapted. |
These systems are governed by the French Civil Code and require a decision by the judge in charge of contentious protection cases.
Who can request a protective measure?
- The adult himself, when he becomes aware of his vulnerability.
- Family or close friends (spouse, children, brothers and sisters, etc.).
- The public prosecutor, when he deems the measure necessary.
Procedure for implementing a protective measure
- Creation of a file with a detailed medical certificate.
- Filing the application with the competent judge.
- Hearing and decision: the judge hears the adult and his or her family.
- Notification and implementation of the measure.
Average lead times: between 3 and 6 months, depending on the complexity of the case.
Contestation, release or modification of a measure
A guardianship decision is not final.
It may be contested or modified in the following cases:
- Improvement of the adult’s state of health.
- Disagreement over management by the tutor or curator.
- Willingness to reduce or lift the measure.
The role of the lawyer in the protection of adults
- Advise the family to choose the most appropriate measure.
- Accompanying proceedings before the protection litigation judge.
- Defend the rights of the protected adult in the event of litigation or abuse.
- Ensure regular follow-up to adapt the measure over time.
Fees and costs of an adult protection lawyer
Our fees are set in full transparency, according to :
- The complexity of the case.
- Time spent on the procedure.
- The possible need for recourse or litigation.
Your lawyer in Toulon for the protection of adults
- Recognized expertise in family and personal law.
- Close to the Toulon law court.
- Personalized, humane support that respects confidentiality.
FAQ – Avocat protection majeurs Toulon
What is the difference between guardianship and curatorship for a protected adult?
Guardianship implies total representation, while curatorship implies assistance with important acts.
How much does a lawyer cost for adult protection proceedings?
Fees vary according to complexity. Contact us for a precise quote.
Who can apply for guardianship?
The adult himself, a relative or the public prosecutor.
How long does an adult protection procedure last?
Generally between 3 and 6 months, depending on the responsiveness of the parties and the complexity of the case.
Can I change my guardian or curator?
Yes, by going to court with the help of a lawyer.