It happens sometimes that people we love lose capacity to take care of themselves or their property. It happen in the course of their life, no matter the age. However, if such a person hadn’t made a mandate in case of incapacity, we will have to institute protective supervision of this person.

What are the forms of protective supervision?

Above all, you need to know that there are three forms of protective supervision. Each applies depending on the level of incapacity of the concerned person.

1. Advisers to persons of full age

This is the lightest form of protective supervision. As a result, the concerned person is able to take care of him(her) self. But he(she) needs help sometimes, when making certain decisions. Meanwhile, the person maintains his(her) autonomy and capacity to exercise civil rights.

2. Tutorship

Tutorship applies when a person’s incapacity is partial or temporary. That is to say, a tutor can be designated to administer property and to take care of a person. Similarly, in case of tutorship to property, a tutor will have a right to simple administration of the property. Consequently, the Court determines a tutor’s responsibilities.

3. Curatorship

Curatorship applies when incapacity is total and permanent. A curator can be designated to administer property and to take care of a person. Such a curator of the person of full age represents him(her) in all civil acts A curator to property will have rights to full administration of the property.

Do you want to institute protective supervision?

• What form of the supervision is most appropriate?
• How to institute protective supervision and who can apply?
• Who can be an adviser, a tutor, or curator?
• What are the powers of an adviser, a tutor, or curator?
• Do you know about a meeting of relatives, persons connected by marriage and friends?
• Whom shall you call to such a meeting?
• The incapable person still keeps some rights?

Institution of protective supervision is a legally complicated procedure. An experienced lawyer’s help is often essential to ensure adequate protection of incapable people while respecting their residual autonomy and rights.