How to obtain family authorization
To obtain family authorization, you must make a request directly to the protection litigation judge or through a lawyer. The guardianship judge will examine the request and decide on the extent and nature of the authorization. If the request is accepted, the judge will set the duration of the authorization, which cannot exceed 10 years.
Why request family authorization?
Family empowerment allows a family member or loving person to take care of a vulnerable loved one and manage their day-to-day affairs in the event of their physical or mental incapacity. This measure therefore makes it possible to protect loved ones and guarantee their safety in the event of vulnerability.
Where to apply for family authorization
The request for family authorization must be filed with the protection litigation judge. The procedure must be followed in the department of residence of the person concerned.
Who can apply for family authorization?
Any adult, family member or close friend of the vulnerable person can request family authorization. However, to be authorized, you must be able to demonstrate a particularly close and stable relationship with the person concerned.
What is the maximum duration of family authorization?
The duration of family authorization cannot exceed 10 years. However, the guardianship judge may renew the authorization for the same duration in view of the elements presented by the authorized person.
What is the deadline for setting up family authorization?
The guardianship judge has one year from the request to examine the file and decide on the extent and nature of family authorization. Once the request is accepted, there is no specific deadline for the implementation of the authorization.
Can a family authorization be contested?
Yes, an action for reduction or nullity can be brought within five years of the date of the judgment opening the measure. This action must be motivated by elements serious enough to call into question family authorization.
What documents are required to request family authorization?
To request family authorization, you must provide a certain number of documents, such as the medical certificate establishing the vulnerability of the person concerned, the full copy of the birth certificate of the latter, as well as documents relating to property and assets. income from the latter.
What are the costs associated with family authorization?
The costs linked to family authorization may vary depending on the department and the nature of the measure. However, the most common costs are lawyer fees and registry fees which can amount to several hundred euros.
How long does the family authorization application process take?
The family authorization application procedure can last several months depending on the investigation times of the guardianship judge and the documents to be provided. On average, the duration of the procedure is estimated between three and six months.
What are the criteria for being qualified?
To be authorized, you must be of legal age and have a particularly close and stable relationship with the vulnerable person. This relationship must be proven by serious evidence and make it possible to guarantee the security and well-being of the vulnerable person.
What is the role of the protection litigation judge?
The protection dispute judge is competent to examine requests for family authorization, to assess the extent and nature of the protection measure to be put in place, and to set the duration of the authorization. It also ensures that the authorized person is able to manage the day-to-day affairs of the protected person responsibly and efficiently.
