Deputyship for adults and minors

Deputyship is intended to provide a vulnerable person, adult or minor, with the assistance or representation needed to carry out certain acts or manage certain aspects of their situation, without depriving them of the exercise of their rights beyond what their protection requires. For adults, it is governed by Art. 390 et seq. CC and may take the form of an assistance, representative, asset-management or general deputyship. The private deputy provides, over time, the management of affairs or the representation of the protected person; the court-appointed deputy, always a lawyer, has a distinct mission, limited to the protection proceedings themselves: ensuring that the rights of the person concerned are respected and that no disproportionate limitation is imposed.

Our lawyers accept, in a personal capacity, mandates as private deputy or court-appointed deputy, on appointment by the Child and Adult Protection Court (TPAE), for both adults and minors. As private deputies, they take on the representation of the protected person, the management of their assets and their day-to-day administrative affairs, as well as the periodic reports due to the TPAE. As court-appointed deputies, they act in the protection proceedings to examine the necessity and proportionality of the measure envisaged, to put forward the position of the person concerned before the TPAE and, if necessary, to appeal against a decision that would disproportionately infringe their rights.

Our firm also assists private clients wishing to set up a deputyship for a relative, in preparing the request and following the proceedings before the TPAE, as well as those wishing to challenge an existing measure where it appears to them disproportionate in the light of the situation of the person concerned.