When a loved one becomes vulnerable due to age, illness or disability, it may be necessary to set up an adapted measure of legal protection.
Our law firm in Toulon supports you at every stage: application, procedure, contestation and follow-up of tutelle, curatelle or sauvegarde de justice measures.
Contact our Toulon office for a personalized and confidential consultation.
What is the legal protection of adults?
The protection of adults aims to defend the interests of a person who is no longer able to manage his or her affairs alone.
It is based on three fundamental principles:
- Necessity: implemented only 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 | Particularity |
|---|---|---|---|
| Sauvegarde de justice | Light, temporary | Short (1 year) | Temporary and urgent protection. |
| Curatelle | Average | 5 years renewable | Assistance from the curator for important acts. |
| Tutelle | 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 schemes are governed by the Civil Code and require a decision by the protection litigation judge.
Who can request a protective measure?
- The adult himself, when he becomes aware of his vulnerability.
- Family or close friends (spouse, children, siblings, etc.).
- The public prosecutor, when he deems the measure necessary.
Procedure for implementing a protective measure
- Constitution du dossier avec certificat médical circonstancié.
- Filing the application with the competent judge.
- Hearing and decision: the judge hears the adult and his or her relatives.
- 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 or curatorship decision is not final.
It can 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
- Counsel the family to choose the most suitable 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 measurement 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.
- Proximity to Toulon judicial court.
- Humane, personalized support, while respecting confidentiality.
FAQ – Avocat protection majeurs Toulon
What is the difference between guardianship and curatorship for a protected adult?
Guardianship involves total representation, curatorship assistance with important acts.
How much does a lawyer cost for an adult protection procedure?
Fees vary according to complexity, contact us for a precise quote.
Who can apply for guardianship or trusteeship?
The adult themselves, 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 applying to the judge with the help of a Lawyer.