Deputyship: when and how it is ordered
The principle of proportionality
A deputyship can only be set up if support from family, close contacts, or public or private services is insufficient or not feasible, and the person concerned needs help due to a mental disability, psychiatric disorder, or another state of weakness (art. 390 CC). The adult protection authority must choose the least restrictive measure that serves the interests of the person concerned.
The different types of deputyship
The Civil Code distinguishes companionship deputyship, the lightest form, where the person concerned retains the exercise of civil rights and the deputy merely provides support (art. 393 CC); representative deputyship, where the deputy acts on the person's behalf for certain defined tasks (art. 394 CC); co-management deputyship, which subjects certain acts to the deputy's consent (art. 396 CC); and general deputyship, the most extensive, reserved for lasting and comprehensive needs for help (art. 398 CC).
The procedure before the adult protection authority
The adult protection authority of the domicile of the person concerned examines the request, which can come from the person themselves, a close contact, or be opened on its own initiative following a report. The person concerned is in principle heard in person, and an assessment can be ordered to precisely evaluate their condition and needs.
Reviewing the measure
A deputyship is not fixed forever: it must be periodically reviewed by the adult protection authority and lifted as soon as the conditions justifying it have disappeared, or adjusted if the needs of the person concerned change in one direction or another.
Frequently asked questions
Does a deputyship automatically strip the person of all their rights?
No, this depends on the type of deputyship ordered: companionship deputyship, the lightest form, involves no restriction of civil rights. Only general deputyship, reserved for the most extensive needs, deprives the person of the exercise of civil rights.
Who can request that a deputyship be set up?
The person concerned themselves, a close contact, or the adult protection authority can act on its own initiative following a report from a third party (doctor, social service, neighbour) if the legal conditions appear to be met.
Can a deputyship be lifted?
Yes, the adult protection authority must periodically review the measure and lift it as soon as the conditions justifying it have disappeared, or adjust it if the situation of the person concerned changes.