Legal protections for vulnerable adults in France address the challenges faced by nearly a million individuals suffering from mental disabilities or age-related decline. Article 415 of the civil code enables guardianship and curatorship to prevent exploitation. Professionals like guardianship judges and judicial representatives navigate complex cases, often revealing family exploitation. Examples include an elderly man unable to change his will due to manipulation and a mentally impaired adult whose brother mismanaged funds, highlighting the urgent need for effective oversight in these situations.
Understanding Legal Protection for Vulnerable Adults
Many individuals find it distressing to be treated as if they are incapable of managing their own affairs. For others, the situation is even more challenging, as they may not recognize the very people responsible for their care. In France, nearly a million people—averaging 71 years of age—face these difficulties due to mental disabilities, Alzheimer’s disease, or the natural decline that comes with aging. This vulnerability makes them prime targets for scams and financial exploitation. To safeguard these individuals, Article 415 of the civil code provides legal protections, which can sometimes be enforced against their wishes. These protections include guardianship, the most restrictive option, and curatorship, which offers a bit more independence.
A Glimpse into the Life of Guardianship Professionals
A recent report from ‘Sept à Huit’ offers a thought-provoking look into the daily responsibilities of Jacques Arlotto, a guardianship judge in Cagnes-sur-Mer, and Thomas Laurent, a judicial representative for adult protection in Caen. Arlotto oversees over 1,200 cases of legal protection each year, determining the necessary level of oversight. Meanwhile, Laurent manages the finances of 52 adults, diligently reporting any suspected abuse to the justice system. His compensation is legally set at 10% of each individual’s income, with an average net salary of 1,800 euros per month. Both professionals often witness how family members—who should ideally be protectors—can exploit the vulnerabilities of their loved ones.
One troubling case involves an 86-year-old man already under curatorship who unexpectedly attempted to change his representative. With a substantial estate that includes a Côte d’Azur apartment and significant bank assets, he expressed a desire to add a much younger neighbor as a beneficiary of his life insurance policy. This was not the first time he sought to alter his will, having previously considered favoring his housekeeper, who had since been charged with abuse of weakness. Despite the man’s claims that his neighbor provides valuable support, the judge noted that she had recently accompanied him to a notary to modify his will—a detail the elderly man could not recall. Consequently, the judge denied his requests, reinforced his protection by placing him under guardianship, and reported the situation to the public prosecutor for further examination.
In contrast, 44-year-old Xavier, who has the mental capacity of a 10-year-old, benefits from his curatorship arrangement, which allows him to budget and save. However, his financial situation is complicated; despite earning 1,400 euros monthly, he has spent 12,000 euros over two years on personal expenses, with his older brother acting as his legal curator. When questioned, the brother claimed he needed to withdraw funds due to external payment suspensions, but this was inconsistent with the spending patterns observed. Following a trial, the brother was not only discharged from his role but also faced potential incarceration and was ordered to repay the misappropriated funds.
The complexities of guardianship don’t always allow for timely intervention, as illustrated in another segment of the report. Thomas Laurent visited an 87-year-old woman whose declining health raised alarms among her caregivers. Despite his efforts to persuade her to move into assisted living, her doctor hesitated to issue a certificate confirming her cognitive decline, which stymied any legal action. Tragically, just weeks later, the woman succumbed to injuries sustained from a fall in her home.