This is a great innovation of the 2007 reform which created a statute to standardize and regulate the action of legal representatives for the protection of adults (MJPM).
Henceforth, whether the function is exercised by managers of public (hospital administrators, retirement homes, etc.) or private (guardianship associations, etc.) all will be subject to the same regime and will apply the same rules.
Their action is framed in articles L.471-1 to L.473-4, D.471-1 to D.471-1 and R.472-26 of the code of social action and families.
Article 450 of the Civil Code specifies that their appointment must take place on a subsidiary basis when no member of the family or any close relative can fulfill the mission of protection.
A mission open to the greatest number since individuals are authorized to exercise it in liberal mode if they meet the conditions of access to the profession.
Access conditions
Articles L. 471-1 and D 471-3 of the code of social action and families, provide for moral conditions (this is to avoid approving people who have had a criminal record of fraud, embezzlement …), Age and training preparing for national diplomas certified by the state (decree of 2009). This is the “national certificate of competence” and professional experience.
Prefectural approval
Article L471-2 of the code of social action and families, judicial representatives are registered on an annual list kept up to date by the prefect in the department on the assent of the public prosecutor.
They will then have to take an oath before the District Court.
Their mission
As for the tutor and the curator, they must, as soon as they take up their duties, inform the adult on his personal and financial situation and obtain his support for the decisions to be taken in his interest.
The MJPM must provide for this purpose an explanatory note to the adult explaining the measure and the rights at his disposal, as well as a charter of rights and freedoms of the protected person.
Their remuneration
Article 419 paragraph 2 of the Civil Code provides that the financing of the MJPM "is the total or partial responsibility of the protected person according to his resources ...". This remuneration is calculated on the basis of the annual resources of the adult and divided into 12 payments taken every month by the MJPM.
It will be up to the clerk to verify the payments made during the annual audit of the management accounts.
If the adult cannot assume this financial burden, the measure will be financed by the public authority according to the income of the adult (unless he receives social minima such as the AAH ...) and the measure implemented (s' he is hospitalized, permanently accommodated in a hospital center, etc.)
If the MJPM is an employee of a health establishment, the financing is operated on the one hand from the income of the completed adult and the budget of the establishment (article 361-1 of the code of social action and families) .
Exceptional compensation
Article 419 of the Civil Code specifies that the guardianship judge may, after consulting the public prosecutor, allocate an additional sum to the MJPM for the accomplishment of an act or a series of acts required by the protection measure and involving particularly long or complex procedures, such as travel expenses or the remuneration of technical experts.
