When an elderly relative starts to lose their mental faculties and can’t manage their finances, legal protection measures can be put in place to protect their interests. These protection measures, outlined in the French Civil Code article 415, can come in various forms, as detailed on a government website dedicated to the elderly and their families. In France, approximately 1.3 million people were affected by a loss of autonomy in 2021, with the elderly being particularly vulnerable, as one in three people over the age of 85 are affected, according to INSEE.
To safeguard these vulnerable individuals, a family member or close relative can seek the intervention of a judge specializing in protection cases. Based on a medical evaluation, the judge will establish a suitable protection regime tailored to the person’s health condition. From guardianship, the most restrictive measure, to simpler support measures, there are various legal protection options available for adults.
Guardianship is the most restrictive form of protection, applying to individuals who are unable to care for their own interests due to mental impairment or physical incapacity. A guardian, either a family member or a professional representative, is appointed by the judge to make decisions on behalf of the person under guardianship. The individual loses the legal capacity to manage their finances and assets, with the guardian required to report decisions to both the person under protection and the judge.
Under curatorship, the person under protection can handle day-to-day affairs independently, with a curator overseeing and approving important decisions such as property sales, opening a bank account, or making donations. There are different types of curatorship – simple, reinforced, or adapted – that determine the extent to which the person can act without the curator’s consent. By the end of 2022, a total of 713,500 adults were under either curatorship or guardianship, according to the Ministry of Justice.
Temporary protection measures, such as guardianship, allow individuals to retain their rights while a specialized representative can act on their behalf for specific administrative tasks, such as unlocking an insurance policy or selling a property. Alain Delon, the actor caught in a family dispute involving his children, was placed under guardianship in January 2024. The family empowerment, introduced in 2016, allows close relatives to represent and make decisions on behalf of a person with impaired faculties, with limited intervention from the judge, making it easier for families to manage but requiring a high level of trust.
The future protection mandate enables individuals to pre-determine the protection arrangements in case they are no longer able to do so due to physical or mental incapacity. It allows individuals to designate who will act to safeguard their interests and define the scope of protection. This contractual agreement is activated following a medical assessment confirming the impaired physical or mental capabilities of the individual and aims to respect their wishes regarding the protection of their interests. For individuals like Jean-Marie Le Pen, whose health has significantly declined, the future protection mandate allows them to appoint trusted individuals, such as family members, as their representatives for future decision-making. For individuals struggling with daily financial management, gradated support measures, such as personalized social support or judicial accompaniment, can be implemented to assist with the utilization of social benefits and finances.
