This measure concerns people who experience serious social and / or budgetary difficulties in order to help them regain financial autonomy.
The implementation of an update falls under the competence of the Departmental Council. It is up to him to make the request when the Personalized Social Support Measure (MASP) has failed.
It is not a measure of protection but of support for vulnerable people from an economic and social point of view, to help them manage their budget and 'prevent them from becoming marginalized. By ensuring, for example, that social housing assistance is allocated to the payment of rent and thus avoid eviction.
The MAJ does not create any legal incapacity but subjects the payment of social benefits to the control of an agent.
Concretely, this consists in designating a Legal Officer for the Protection of Adults (MJPM) which will be responsible for collecting social benefits paid into an account opened in the name of the beneficiary in order to pay the current charges as a priority.
Excluded from the update:
- married people if the exercise of the representation of a spouse sufficient to assume the management of the budget;
- people with impaired mental faculties (they will benefit from protection regime);
- families benefiting from a measure of assistance in the management of the family budget (article 375-9-1 of the civil code) pronounced by the juvenile judge.
The update concerns:
- Beneficiaries of social benefits listed in article D 271-2 of the code of social action and families
- Single people and married people whose subsidiary rules of representation do not allow the management of their social benefits.
The procedure
When the MASP fails, the president of the general council sends a detailed report to the public prosecutor with a view to opening an update.
If the public prosecutor considers this action opportune, he seizes the guardianship judge.
The tutorship registry summons the parties to the hearing by registered letter with acknowledgment of receipt so that they can be heard.
The guardianship judge at 1 month, from the request, to render his decision. If he declares the opening of an update, he will specify which social benefits are concerned and the time limit for the measure.
In principle, the update can only be set for an initial period of 2 years, but it can be renewed once, ie 4 years maximum.
The beneficiary (and he alone) can appeal the decision within 15 days of notification of the judgment.
