Cned Anglais Devoir 1

total protection. He can still choose the person whom he wants as a trustee. In the third case, the What changes were made and why?

The reform consists in reinforcing the protection of handicapped adults, giving them more freedom of choice and protection against abuse. The reform was necessary to accommodate the increasing numbers of senior citizens and the number of adults affected by Alzheimer. Moreover widely publicized cases of abuse, either physical, psychological or financial, made the public aware of the vulnerability of this segment of the population and made it urgent to ensure greater legal protection.

Compare the “mandat de protection future”, ”mise sous curatelle“ and “mise sous tutelle“. How can a guardian help and protect an adult?

In the first case, the request is made by healthy adults who foresee that in time they will need help, so they are given the chance to choose in advance while they are sound in mind and body whom they want to manage their estate. In the second case, the adult is already somewhat handicapped but not to the extent that he needs adult‘s mental capacities are severely impaired and he or she is incapable of managing daily transactions and must give complete power of attorney to a trustee. The latter can help by keeping accounts, making out checks for expenses, filling out forms, in short taking care of all administrative tasks and keeping the person informed.

How can someone request for a person to be placed under a guardian’s care? Do you think these measures are sometimes necessary? Do the documents give the handicapped adult sufficient protection?

They must make a request to the Public Prosecutor by filling out the form specifically provided for the request, give the necessary details concerning themselves and the person to be placed. They must also provide 2 medical certificates, one by the general practitioner, and the other by a specialist. These measures may be necessary because some adults are not capable of managing their transactions and can thus be victims of manipulation and abuse. The French system is fair and provides many safeguards and a lot of flexibility. On the other hand, it is obvious the law cannot ensure 100% safety for handicapped or physically weak people of all ages from criminal or domestic abuse.

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