Paper's abstract

Annick Batteur, The Family, an Ally or an Enemy for the Protected Adult?
The French law dealing with protected adults is uncertain concerning the role of the family, wavering between trust (in particular by stating the principle of family priority) and mistrust (for example by putting at the same level professionals and family when enacting the measures). The lawmaker chose to give the guardianship judges certain means in order to allow them to face some difficulties rising from the family. The tools at the disposal of the judge are real: the judge can avoid appointing a member of the family of set up bodies of control. Once the family appointed, their actions may be controlled. But due to the lack of financial means, the actions of the guardianship judge are in many respects inadequate. And yet, it is the responsibility of the judicial power to turn the family into a partner or an opponent.

Key Words : protected adult, family judge, guardianship
t. 57, 2014 : p. 199-214

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