Everything you need to know about guardianship

After more than thirteen years, Britney Spears' conservatorship, described as "abusive", has finally been taken away from her father. Let us use this example to understand what a guardian is and the role a guardian must play.

A guardian (tuteur) is a person responsible for protecting the interests of a minor or of an adult declared legally incapable, that is, for looking after that person and/or their assets. While the parents are the automatic guardians of minors, any other guardian, for example for an adult, must be appointed by a judge.

Guardianship of an adult is ordered when the adult can no longer look after their own interests because of a significant loss of autonomy and great vulnerability.
The guardian then acts in all aspects of the protected person's life, in particular for legal acts. But for acts such as property sales, loans or gifts, the guardian must always obtain special authorisation from the judge.

In France, you can decide in advance who will be your "guardian" if you later lose your faculties, and give that person wider powers.
This deed is called a lasting power of attorney for future protection (mandat de protection future). The representative is then called the "attorney" (mandataire).
Introduced in 2007, the mandat de protection future avoids the uncertainties and burden of setting up a guardianship through the courts.

Drawing up your mandat de protection future with your notaire gives you the benefit of the notaire's advice, allows the document to reflect your wishes as closely as possible, and makes it possible to provide for proper supervision of the attorney's management.