By a professional assistance is therefore unavoidable

The liberty of persons referred to once as "incapable" has been extended by Act of March 5, 2007, entered into force January 1, 2009. Clearly displayed the legislative objective was to restore their dignity to the persons concerned, namely the major with a medically recognized alteration to their mentally, or their bodily faculties, such as to prevent the expression of their will. The change in approach reflected first in terminology: the term evaluative, or even offensive, major "incapable" is replaced by the person "protected". The change still appears in the expansion of the field of freedom afforded to protected persons at two levels: the status of the person and his property regime.

Increased autonomy

First of all, the new regime of guardianship and curatorship provides several acts which require the agreement of the major protected, excluding any assistance or representation by a third party. It is for example the case of the parental authority acts relating to the person of a child, or consent to his own adoption or that of a child. More directly, the protected person is today only decisions relating to the person to the extent where his condition permits. If this is not the case, it is not excluded by operation of law and can benefit from the assistance of his tutor. This is if this assistance is not enough that it will be represented, that is replaced by his guardian to act in his place. It is therefore passed a systematic representation controlled freedom.

Other illustrations of the major protected increased autonomy: it has the right to choose his place of residence, can speak freely or personal with any third party - parent relationships. The guardianship judge may still leave him his right to vote.

Very valuable

In terms of heritage, the legal freedom of a person under guardianship was also improved. Two other examples will demonstrate: it may, with leave of the judge or the family Council if it has been established, be assisted by the guardian to make donations; It can also establish a will if it is authorized by the judge or the family Council. It may only revoke the will made before or after the opening of the guardianship.

Finally, how do not quote, for those who fear to be placed under a regime of protection, the opportunities offered by future protection mandate This valuable tool allows somehow extend legal capacity of a person who comes to lose its ability to, in anticipation, to provide for the terms of management of the person and his property. The mandate can be established by notarial deed, either by simple private writing, the extent of powers dependent closely the form chosen. Thus, only the use of the notarial act to authorize the agent to perform acts of disposition for valuable consideration, the sale of an apartment for example. In all the circumstances, the drafting of a future protection mandate requires reflection and its effectiveness will largely depend on the quality of its content. By a professional assistance is therefore unavoidable.