The health of a loved one is deteriorating and you want to engage in guardianship or guardianship? In what cases and when should a guardianship procedure or measure be initiated? Return on these judicial protection measures and the possibilities of using a guardianship or guardianship lawyer.
To be read in addition : IMA Helpline Overview
- Guardianship and guardianship: in which cases?
- Guardianship and guardianship: a source of conflict in the family
- Guardianship, guardianship, right of the adult
- Call on a guardianship lawyer or guardianship
Plan de l'article
Guardianship and guardianship: in what cases?
In law, guardianship and guardianship are measures and a lengthy procedure, decided by a judge for the purpose of protecting the adult person who does not enjoy all the faculties. The person under guardianship or guardianship is then dependent, but protected. In families, this procedure can lead to conflict between the guardian and the adult.
Everyone has the right to propose a guardianship or guardianship. On the other hand, everyone also has the right to object to guardianship or guardianship .
Guardianship and guardianship are acts that are decided by a guardianship judge, sitting in the Magistrate Court. Guardianship is not an innocuous legal procedure: it stirred family patterns and must be carried out within the framework of the law in order to avoid conflict.
Guardianship and guardianship: a source of conflict in the family
Despite the legal and intangible framework of the law, within a family, the conflict may arise from a request for guardianship or guardianship. It is sometimes necessary or even advisable to call on a guardianship lawyer for resolve disputes that arise. Protection by guardianship or guardianship of a person is not a slight measure.
In fact and deed, guardianship by judge’s decision reversed roles and forces a new legal situation . Although guardianship is often perceived as a beneficial framework designed for the safeguarding of a weakened person it is not everyone’s opinion. If a person in the family objects, then the dispute between the proposed major guardian/guardian and the rest of the family must be resolved in the interests of justice and fairness of law.
Guardianship, guardianship, law of the adult
Any person of full age may apply for guardianship or object to guardianship or guardianship. French law is quite clear: in life, the rights of a person must be protected . The members of an adult family may propose a guardianship or guardianship. It is a good idea to agree before starting a guardianship procedure, but this is not the case in a family at all times.
Use a guardianship or guardianship attorney
Recourse to a guardianship lawyer is not mandatory. The presence of a guardianship or guardianship attorney/ guardianship will only be required if a guardianship procedure passes before the High Court.
Good reasons for using a guardianship or guardianship lawyer:
- You know little about the functioning of guardianship and guardianship: an expert informs you about this protection measure that exists in French law
- The person to be “protected” refuses to be placed in guardianship: a lawyer is informed of the situation deemed abusive
- Guardianship (procedure or management) creates conflicts in the family
- The person in protection has an important patrimony: a lawyer avoids the abuse of a guardian, among others.
Example : Do you think a guardianship is a legal abuse? Not only do you have the right to seek advice and guidance from a lawyer, but you also have a duty to continue to provide some form of protection to the person who is no longer in full faculty.
A guardianship lawyer can help you: do not hesitate to inquire.