curatele

Curatele is a protective legal measure used in several civil law jurisdictions to assist adults who cannot fully manage their personal or property affairs due to illness, disability, or advanced age. It is intended to be less restrictive than full guardianship and seeks to preserve the affected person’s autonomy as much as possible.

The scope of curatele can vary. It may cover personal decisions, or focus specifically on management of property and contracts. Some systems distinguish curatelle simple or curatelle renforcée, reflecting different levels of supervision and which acts require the curator’s involvement or court authorization. In practice, the measure is tailored to the individual’s capacities and needs.

A court typically orders curatele after an assessment by medical or social authorities. A curator (curateur) is appointed to assist, represent, or supervise the protected person in acts relevant to the regime. The curator’s duties include protecting the person’s rights, managing or supervising property, keeping accounts, and reporting to the court or supervising body. Major acts, such as selling real estate or entering long-term commitments, often require additional authorization.

The person under curatele retains certain decision-making powers, depending on the regime, and may have the ability to perform routine acts with the curator’s support. The regime emphasizes reducing restrictions while safeguarding interests, with ongoing review to adjust or terminate the measure if capacity improves.

Variations exist between jurisdictions, and the exact rules, names, and procedures may differ. In some countries, curatele (or curatela) is the standard term for this protective arrangement, while others use distinct terminology with similar concepts.