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The placing under guardianship or curatorship is often a very difficult decision to make, both for the person who wants this device and for the person to be protected. The use of a lawyer is not compulsory. But in practice, it is strongly advised to hire a family law lawyer for this complex procedure.

Guardianship: when should you contact a family law lawyer?

The use of a lawyer in family law is not compulsory for a question of guardianship or curatorship.

However, it is strongly recommended that you hire a lawyer if you want to place a member of your family under curatorship or guardianship. Especially in the event of conflicts.

Resorting to a lawyer is an almost essential step in three situations:

  • When the person to be protected refuses to be placed under tutorship or curatorship
  • When the heritage of the person to be protected is very important
  • When there are family conflicts (disagreements between family members concerning the placement under tutorship / curatorship).

Trusteeship: when to consult a lawyer in family law?

In order to request that a person be placed under guardianship or under guardianship, it is sufficient in theory to send a request to the guardianship judge of the district court on which the person to be protected depends. This request must be accompanied by a medical certificate from the person to be protected.

What Can the Family Law Lawyer Do for the Guardian?

In absolute terms, a person can very well ask the guardianship judge to be placed of his own accord under guardianship or under guardianship. In fact, this almost never happens.

In fact, it is almost always a member of the family or someone close to the person to be protected who sends the request to the judge.

Chronologically, it is therefore the members of the family and the future guardians who are called upon to consult Attorneys in family law from barr& young attorneys. The objective of this meeting is to better understand the functioning of tutorship and curatorship, to resolve the practical problems that these regimes may pose, to resolve conflicts amicably, to choose the tutor who will take care of the person placed under supervision.