Question 14091 — disqualifications and incapacities

Summary

Mrs. Valérie Boyer questions Mrs. Keeper of the Seals, Minister of Justice, on the legal protection of adults. In 2005, legal protection for adults concerned 700,000 people. In 2016, there were 725,000, of which 483,000 were taken care of by professionals, the judicial agents for the protection of adults (MJPM). This phenomenon will increase significantly because it is likely that their number will double by 2040. While the Government should show particular attention to those who are the subject of a protection measure, we are witnessing a real decline in their status. Various collectives and associations make the following observation: despite certain existing texts (such as the charter for vulnerable people) adults protected by these associations apparently never receive their administrative letters and private information, including their bank statements. Furthermore, associative tutelary bodies are never controlled, unlike family guardians. The finance law for 2018 provides, from April 1, 2018, for the increase in the participation of adults in the cost of their protection measure, guardianship or curatorship, and above all for the elimination of the flat-rate reduction corresponding to the disabled adult allowance. So on the one hand, participation rates will be increased, and secondly, the deductible which benefited people with a level of resources higher than the amount of the disabled adult allowance (AAH) will be eliminated. The associations managing a judicial agent service for the protection of adults are alarmed by these new provisions, which are in contradiction with the announcements made during the conference on the protection of adults in fall 2017. The Government, which until recently showed its desire to actively fight against poverty, is in the process of considering for the first time the disabled adult allowance as a simple financial income to establish a new participation scale. It is not up to protected adults to contribute financially to the schemes from which they benefit, but to the State in accordance with the principle of national solidarity. The reform to come on the protection even of adults, is hardly more reassuring. Indeed, the desire to achieve a single protection measure raises fears of a weakening of the protection system which is based on several singular devices which each respond to very specific cases. A single measure would not necessarily make it possible to understand very diverse situations which are clearly distinguishable from each other. She risks therefore lead to stigmatization towards protected persons, leaving uncertainty surrounding their capacity and thus discouraging third parties. Finally, it would be envisaged that in the future, adults under guardianship will also be able to do without the authorization of the judge to marry, divorce or enter into a civil partnership. Given the risks of abuse of weakness affecting vulnerable people, the Member considers that the intervention of the judge remains essential. According to the Union of Magistrates (USM): this measure would be “dangerous in the interest of the protected person. There is a risk that one's credulity and one's kindness will be taken advantage of. There are people under protection who are regularly victims of abuse of weakness.” Consequently, in the face of these harmful reforms, she wants the protected adult to be at the heart of the system. So, she asks him to make her all the light on this subject.

Machine translation from French. The official text remains authoritative.

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