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Simple curatorship and reinforced curatorship:what is the difference?

Simple curatorship and reinforced curatorship:what is the difference?

Curatorship is part of the legal protection regimes for so-called vulnerable persons provided for by the Civil Code, in the same way as guardianship and legal protection. The purpose of curatorship is to protect an adult person, as well as their assets, who can no longer defend their interests due to a fragile state of health due to illness, disability or accident, but who retains their autonomy. Under curatorship, the person concerned is advised and accompanied by one or more curators in his important acts such as the sale of real estate, the taking out of a loan, etc., but he remains autonomous to manage the simple acts of life. daily. Curatorship is a less restrictive measure than guardianship, but it can be of different degrees:simple curatorship or reinforced curatorship. What is the difference between these two types of curatorship?

Simple curatorship:a protective measure for important acts

Simple curatorship designates a measure of legal protection intended to look after the interests of an adult whose mental and/or physical faculties are impaired due to illness or disability, and who can no longer manage acts on their own. important in everyday life.

Simple curatorship represents the lightest degree of this measure of legal protection. It concerns, for example, elderly people with loss of autonomy who need to be assisted for certain important acts of everyday life but who are able to manage simple steps of daily life on their own.

Indeed, a person under simple curatorship can continue to perform his day-to-day management acts such as, for example, managing his bank account or taking out insurance. These types of acts are called administration and conservatory acts.

For acts whose consequences may have a greater impact on his personal interests, and in particular those concerning his assets, such as the sale of real estate, the taking out of a loan, a donation, etc., the curator , appointed by the judge who decides on the implementation of a simple curatorship, is asked to assist and advise the person placed under this protective measure.

The curator must indeed intervene to support the person thus protected in all his so-called "disposal" acts, that is to say those which involve his heritage and which have the consequence of reducing the value of the latter.

Reinforced curatorship:a more extensive protective measure than simple curatorship

Enhanced curatorship, as its name suggests, is a heavier legal protection measure than simple curatorship:the intervention of the curator is much broader.

The person under enhanced curatorship retains the possibility, as with simple curatorship, of managing acts of administration and conservatories, that is to say acts of management of his daily life but with the agreement of his curator, or at the less after informing him.

However, the curator(s) see their role intensified because, in addition to supporting the person under reinforced curatorship for all matters relating to the management of their assets, it is the curator who receives the resources of the person concerned and who pays their expenses. . With an enhanced curatorship, the curator manages the bank account of the person he assists.

Given his more extensive powers through a reinforced curatorship, the curator must submit an annual report on his management to the director of court registry services.

How is a simple or reinforced curatorship set up?

Whether it is a simple or reinforced curatorship, the procedure for implementing these legal protection measures is the same.

The request to put a person under curatorship, whatever its degree, can be made by the person whose faculties are impaired but who still has his autonomy, his spouse, his family, or a close friend, to the judge of litigation of protection.

The Public Prosecutor, the representative of the public ministry to whom complaints and reports are addressed, may also request the opening of curatorship on his own initiative or at the request of a third party, in particular the doctor of the person concerned or the director of the health establishment where she resides, for example, on the basis of the presentation of a medical certificate.

If the judge agrees to set up a simple curatorship or a reinforced curatorship, he then appoints one or more curators, chosen in priority from among the relatives of the person to be protected. These legal protection measures have a maximum duration of 5 years. They can however be renewed but they cannot exceed a duration of 20 years and if the loss of the faculties of the person under curatorship is irremediable.