Guardianship for Adults (Incapacity & Dementia) in France

Guardianship for adults in France is the legal protection of an adult who can no longer look after their own interests because of illness, dementia, an accident or a disability (protection juridique des majeurs). Some older lists and lawyer pages call this service “Enduring Power of Attorney: Guardianship”. People search for adult guardianship in France, guardianship of an elderly parent or a lasting power of attorney in France. French law offers several levels, ordered by the protection judge (juge des contentieux de la protection): temporary safeguard (sauvegarde de justice), assistance (curatelle), representation (tutelle) and family authorisation (habilitation familiale). The closest French tool to a lasting power of attorney is the future protection mandate (mandat de protection future), signed while the person is still able to do so.

Who this is for

Families of a parent with dementia living in France, relatives of an adult who can no longer manage money or property in France, foreign residents who want to plan ahead, and families abroad with a relative or assets in France.

How a protection measure is ordered

The request (requête) goes to the protection judge of the court where the person lives. It can be made by the person, a spouse or partner, a relative, someone close, or the public prosecutor. It is accompanied by a detailed medical certificate from a doctor on a list kept by the prosecutor, who cannot be the person's usual doctor. The judge meets the person, unless the doctor says this would harm their health, may hear the family, and chooses the lightest measure that meets the need. Family members are preferred as guardian or curator; a professional is appointed when no one suitable is available. Measures are reviewed after a period set in the decision.

Planning ahead

A future protection mandate names the person who will act when capacity is lost; it is signed before a notaire or in a private form, and it takes effect once a doctor on the list confirms the incapacity. An ordinary power of attorney is useful for everyday affairs but is not designed to cover a loss of capacity.

What a lawyer does

A lawyer explains which measure fits, prepares the request and the evidence, attends the hearing, helps the appointed guardian with the accounts and with decisions that need the judge's permission, such as selling the home, and deals with measures or powers granted abroad. Related services: estate planning and property sale.

Questions and answers

What is the difference between tutelle and curatelle?

Under curatelle the person acts with the curator's assistance for important decisions; under tutelle the guardian represents the person in most acts.

Is there an alternative to court guardianship?

Yes. A future protection mandate signed in advance, or family authorisation, which gives a close relative powers with fewer formalities.

Can a guardian sell a parent's home in France?

Selling the main home of a protected adult needs the judge's authorisation, and the person's wishes are taken into account.

Is a lasting power of attorney from another country recognised in France?

International rules can allow powers granted abroad to be used in France, but banks and notaires may ask for more; a lawyer checks the document case by case.

How long does the procedure take?

It depends on the court and on how quickly the medical certificate is obtained; in urgent cases the judge can order temporary safeguard while the case is pending.