Question 7809 — people with disabilities

Summary

During the National Conference on the legal protection of adults in November 2017, Madame la Garde des Sceaux, Minister of Justice, announced the establishment of a working group on the legal protection of adults, responsible for taking stock of the implementation of the law of March 5, 2007, following the reports of the Court of Auditors and the Defender of Rights in September 2016. An interministerial mission was entrusted by the ministries of justice, solidarity and health in conjunction with the State Secretariat for Persons with Disabilities, to Anne Caron-Déglise, general advocate at the Court of Cassation. This mission was based on the work bringing together numerous professionals (magistrates, clerks, legal representatives for the legal protection of adults, doctors, user representatives, lawyers, notaries). The report resulting from this work was submitted to ministers on September 21, 2018. It takes stock of the application of the 2007 law and makes 104 proposals to improve the protection of the most vulnerable adults. Even before the conclusions of this mission, Madame la Garde des Sceaux wished to strengthen the guarantees and control of the measures by modifying the management account verification system in the draft 2018-2002 programming and reform law. for justice. This new system, which reinforces the obligation to inventory the assets of the adult from the start of the measure, provides for an internal control in principle, carried out by the people responsible for the protection of the adult and, when the assets or income of the latter justify it, a verification by a professional. The report of the interministerial mission presents numerous proposals relating in particular to the control of individual measures and the activity of judicial agents for the protection of adults as well as a road map. The Government, aware of the challenges for the protection of the most vulnerable, will endeavor in the coming months to continue the improvements initiated in the aforementioned bill.

Machine translation from French. The official text remains authoritative.

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• Fabien Matras · auteur

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