Every person is fully able to exercise his civil rights.
In certain cases, the law provides for representation or assistance.
About Human Rights Law
There is a presumption that everyone is presumed to be able to fully exercise their civil rights. These include the right to contract, to make transactions, to accept or refuse care, to decide where to live or even to use their assets as they see fit.
In some cases, a person’s cognitive condition can compromise the ability to exercise any of the civil rights listed above. In such a case, it might be necessary to institute protective supervision of the person of full age.
If necessary, a person may have drafted a protective mandate in the event of incapacity. If the person becomes incapacitated, the homologation of the protective mandate then allows the designated person to assume the role of mandatary and to ensure the representation of the person who has become incapacitated in the exercise of their civil rights.
If a protective mandate has not been drafted or if the homologation of the latter is disputed, protective supervision such as a tutorship can be put in place.
Any decision related to the opening of a protective supervision must be taken in the interest of the incapacitated adult of the age of majority, the respect of his rights and the safeguard of his autonomy.
Did you know?
The following people can apply for protective supervision:
- The adult of the age of majority
- The spouse
- Close relatives and friends
- Anyone who shows a particular interest for the adult of the age of majority
- The public curator
- Any other interested person
How can our human rights lawyers help you?
In the event that you are the subject of a request to homologate a protective mandate in the event of incapacity or the establishment of protective supervision, and that you disagree with this request, our human rights lawyers can assist you in order to contest this request.
In the same way, in the event that you wish to proceed to the homologation of a protective mandate in the event of incapacity or that you wish to proceed to the establishment of protective supervision such as tutorship, our civil rights lawyers can inform you of your rights and remedies and represent you before the court in the event of a dispute.
Despite the above, it goes without saying that all decisions should only be made considering the best interests of the incapacitated person. Our human rights firm therefore agrees to accompany interested people and make the necessary representations before the court only if they are in the best interest of the incapacitated person.
As with all the other legal services offered by our firm — medical liability, health law, forensic psychiatry, disability insurance or personal injury — our turnkey approach ensures that we carry out every step of the process, including when it is necessary to hire the services of independent experts to carry out medical and psychosocial assessments that are necessary to set up a system of representation or assistance.
Did you know?
The court is not bound by the request for protective supervision. The court may set a different supervision from the one requested.
Examples of our work in human rights law
Our civil rights lawyers can assist and represent you in the following situations:
- You wish to challenge the homologation of a protective mandate in the event of incapacity
- You wish to have a protective mandate homologated in the event of incapacity, but the author of the mandate or one of the relatives of the incapacitated adult of full age disputes the homologation of this mandate
- A relative wishes to have a protective mandate approved in the event of incapacity for an incapacitated person, and you consider that the person appointed in the mandate would be inadequate in their duties
- You wish to contest a request made to proceed to protective supervision
- You wish to request protective supervision, but the person aimed by your request and / or one of the relatives of the person aimed by your request disputes your request
When should you call our human rights lawyers?
If you wish to know your rights with regard to protective supervision or if you wish to contest or request the opening of such a regime or the homologation of a protective mandate, do not hesitate to contact us. Our human rights lawyers will represent you.