Safeguard of justice is a protection measure for adults introduced by Law n°1.474 of 2 July 2019, relating to the safeguard of justice, the future protection mandate, and the exercise of the activity of judicial representative for the protection of persons.
Such a measure for a vulnerable adult falls within the jurisdiction of the guardianship judge and is temporary. It is effective either until a guardianship or curatorship measure is implemented or until the adult recovers or dies.
This temporary measure enables a third party, the special representative, to carry out certain everyday acts on behalf of the vulnerable person. To this end, the guardianship judge must designate a special representative in their order.
Who can be appointed as a special representative by the guardianship judge?
The Civil Code does not indicate the person to appoint as a special representative, thus leaving the judge free to make his sovereign appreciation.
While the judge may choose to appoint a judicial representative, whom is a professional third party, to manage the assets of the protected adult, recent case law shows that they may, where appropriate, appoint a closer person to the adult, and more precisely, a member of the latter's family.
Therefore, the judge will appoint the special representative in the light of factual, material and objective elements.
