Legal framework

Curatorship

It refers to a protective measure, which can be voluntary or state imposed, implemented for an adult or minor who requires specific support.

A guardianship or curatorship is only ordered when it’s impossible to otherwise guarantee the protection of the person concerned.

When it becomes necessary, the guardian (or curator) must ensure that the person’s autonomy is preserved as much as possible.

The TPAE (Adult and Child Protection Authority) intervenes ex officio, upon notification (from a relative, doctor, medical social network professional, etc.), or at the request of the person concerned.

According to Art. 390 CC, it establishes a guardianship (or curatorship) when the person concerned:

  • is partially or totally prevented from safeguarding their own interests due to a mental deficiency, psychological disorders, or another state of weakness that affects their personal condition.
  • is, due to a temporary incapacity to make sound judgments or because of absence, prevented from acting on their own behalf and has not appointed a representative for matters that need to be settled.

The different types of guardianship

For adults, four forms of guardianship (or curatorship) can be implemented, and their combination allows the measure to be adjusted according to the specific needs of the person to be protected.

The protection authority determines, based on the individual situation, the tasks to be assigned within the framework of the guardianship (or curatorship).

  • Assistance Guardianship (or Support Curatorship) – Art. 393 CC

  • Representation Guardianship (or Representation Curatorship) – Art. 394 CC and Art. 395 CC

  • Guardianship (or Cooperation Curatorship) – Art. 396 CC

  • General Guardianship (or General Curatorship) – Art. 398 CC

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