The protection of vulnerable adults
Judicial protection
When an adult cannot look after their own interests because their mental and/or physical faculties are impaired to the point that they cannot express their will, the law provides for their interests to be managed under one of the following protection regimes:
- Curatorship (curatelle),
- Tutorship (tutelle).
Tutorship and curatorship are two judicial measures that protect a person and their assets.
A person under curatorship remains independent for simple everyday acts but must be assisted for important ones.
Tutorship gives more protection. It applies to people who have lost their autonomy and need to be represented in the acts of civil life.
Until a tutorship or curatorship is in place, the Monegasque judge may order a temporary protective measure called “sauvegarde de justice” for the duration of the pending proceedings. This applies where the adult needs temporary legal protection to carry out certain specified acts.
If this measure is ordered, the adult keeps the exercise of their rights during the “sauvegarde de justice”, except for the acts the judge specifically identifies as requiring representation.
Contractual protection: planning ahead with the “Mandat de protection future” (POA)
Since 5 October 2019 (Law No. 1.474 of 2 July 2019), Monegasque law has created the “Mandat de protection future”.
This is a contract by which the "mandant" designates a trusted person in advance, called the “mandataire” who will take care of the "mandant" or his/her property once he/she can no longer do so.
The POA can also be made on behalf of another person. Parents can thus designate who will take care of their minor child, or their vulnerable adult child, after their death or if they are no longer able to do so themselves.
The POA only takes effect once a court has approved it. The judge gives priority to the wishes expressed by the person concerned. A tutorship or curatorship may only be ordered if the POA is not enough to protect the person.
The POA therefore lets you plan for your own protection, or that of your loved ones, so that you stay in control of the future.
