Safeguard of justice is a protection measure for adults introduced by Law n°1.474 of 2 July 2019, relating to the safeguard of justice, the future protection mandate, and the exercise of the activity of judicial representative for the protection of persons.
Such a measure for a vulnerable adult falls within the jurisdiction of the guardianship judge and is temporary. It is effective either until a guardianship or curatorship measure is implemented or until the adult recovers or dies.
This temporary measure enables a third party, the special representative, to carry out certain everyday acts on behalf of the vulnerable person. To this end, the guardianship judge must designate a special representative in their order.
Who can be appointed as a special representative by the guardianship judge?
The Civil Code does not indicate the person to appoint as a special representative, thus leaving the judge free to make his sovereign appreciation.
While the judge may choose to appoint a judicial representative, whom is a professional third party, to manage the assets of the protected adult, recent case law shows that they may, where appropriate, appoint a closer person to the adult, and more precisely, a member of the latter's family.
Therefore, the judge will appoint the special representative in the light of factual, material and objective elements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
