Question 9653 — judicial and legal professions

Summary

Mr. Christophe Marion draws the attention of the Minister of State, Keeper of the Seals, Minister of Justice to the consequences caused by the impossibility of replacing a legal representative for the protection of independent adults in the event of his absence. Independent legal representatives are legally considered as intuitu personae agents who cannot be the subject of any delegation in the event of incapacity (accident, illness, maternity...). Due to the vacancy of protection, this situation places the protected adult, the judge or third parties in difficulty in their proceedings. This is a difficulty highlighted by Ms. Anne Caron Deglise in her interministerial report of July 2023 submitted during the States General on mistreatment. During the examination of the “aging well” bill in the Senate, the Government advocated the establishment of an organization designed by the agent, who would retain responsibility for the measure while himself appointing his replacement(s) and directly informing the judge. However, such a provision was not retained in the final wording of the text. He would like to know if there are plans to put in place a replacement method to ensure the continuity of the protection of adults by the MJPMi.

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