Question 13475 — disqualifications and incapacities

Summary

Mr. André Chassaigne questions the Minister of Solidarity and Health on the new method of calculating the financial contribution of adults under legal protection. Adults benefiting from a measure of legal protection by decision of the guardianship judge (guardianship, curatorship, special representative), and whose protection is not ensured by a family member, must participate in the remuneration of the representative (guardian). establishment, tutelary association, judicial agent for the protection of adults). This participation of the person under protection is calculated according to their resources and assets. It is paid directly to the legal representative. In the alternative, the difference between this participation and the emoluments of the judicial agent, calculated by ministerial decree, is paid by the State to the judicial agent through social cohesion services. However, Decree No. 2018-767 of August 31, 2018 modified, as of September 1, 2018, article R. 471-5-2 of the Social Action and Families Code on the calculation of this participation, with different rates depending on the resource brackets. At the same time, the decree of August 31, 2018 lowers the remuneration of the judicial agent at the start and end of the protection measure. If the People with resources below the amount of the disabled adult allowance (AAH) still do not participate, those exceeding this amount must participate, even for the part below the AAH, up to 0.6% of resources. Likewise, the rates for the two upper brackets increase from 7 to 8.5% and 15 to 20% respectively. People who have resources reaching the highest bracket, between 2.5 and 6 times the gross minimum wage, see the rate increase on this bracket from 2% to 3%. Obviously, the total amount of the contribution cannot be greater than the cost of the measure. As a result, people with few resources, very tight budgets and often in personal and financial difficulties will have to pay more. He asks him for explanations on these increases that people under legal protection will have to bear, especially the least advantaged.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.