People affected by the disease, disabled or weakened by age require special support to protect them from possible abuse.

A vulnerable person is considered “at risk”. During the coronavirus pandemic, several factors were put forward to paint a “portrait” of this public with a higher risk of developing complications such as age, diabetes, chronic respiratory pathologies, immunosuppressive treatments or even obesity. .

Outside the framework of the health crisis, the term vulnerable person is most often associated with an alteration in the physical, mental and cognitive capacities of an individual, caused by a disability, disease or age. To protect this population from possible abuses on a daily basis, solutions can be put in place at the request of the person themselves or of a third party if it is an adult in a vulnerable situation.

There are several forms of pathologies leading to a loss of autonomy linked to the degradation of motor, psychic, mental and / or cognitive faculties. The impairment can be present from birth, appear as a result of an accident, or over time like Alzheimer’s disease which usually occurs in old age.

When everyday actions become particularly difficult, or even impossible or when the state of health of a loved one no longer allows them to provide for their own interests, support is necessary.

Appropriate support

The support must be adapted to the person and their disability. The situations being multiple and complex, the assistance put in place will be the result of a dialogue with the vulnerable person and / or his entourage. This discussion space will make it possible to define the suffering situations during which the person needs help so that this support is not experienced as a restriction of freedoms or a total loss of autonomy.

If it is often the family that supports its parent, specialized and / or medical assistance may be necessary. When the vulnerable person is of age, legal protection will prevent possible abuse by strangers or ill-intentioned entourage.

To carry out everyday activities, the help of a loved one or a health professional may be essential. A discussion between the so-called vulnerable person is important to know their needs and expectations and limit as much as possible the intrusion into their daily life.

As much as possible, it is important to preserve the independence and autonomy of the person, to help without infantilizing.

It all depends on the degree of mental disability of the person. Support must be adapted. A daily visit to help with daily tasks and ensure that all is well may be sufficient in the context of certain pathologies.

Increased support from a loved one or a professional may be necessary if cognitive functions are particularly affected by the disease. “They allow the acquisition, storage, transformation and use of information”, details the Handi-pacte website, a tool for collecting and exchanging practices between the three public services. Among the cognitive functions that make it possible to live independently, we can cite in particular:

• Memory ;
• The reasoning ;
• L’intelligence ;
• Learning;
• The ability to solve problems;
• Decision making.

To protect a vulnerable loved one and represent him on an ongoing basis for civil acts – official signature, asset management, etc. – a guardianship regime can be considered.

There are three types of judicial protection:

• The safeguard of justice: a short-term measure which “allows an adult to be represented to accomplish certain acts”, specifies the official website of the French administration;
• Curatorship: it allows the person to remain independent in daily life, but this person must be advised or accompanied in certain acts of civil life;
• Guardianship: the person is represented by a legal representative to whom the management of his affairs and the securing of his heritage is entrusted.

“The implementation of one or other of these measures is entrusted to the guardianship judge sitting in the district court of the domicile of the person to be protected”, specifies the official website of the notaries of France.

The placement under guardianship is a binding measure. It leads to a loss of autonomy and an inability to carry out civilian acts alone. This is why, according to article 440, al. 3 of the Civil Code, “the opening of a guardianship is also possible in the event of alteration of bodily faculties, but only if this alteration prevents the adult from expressing his will. And, in all cases, the alteration of faculties must be medically established ”. This is the reason why, for any request to open a guardianship, a detailed medical certificate drawn up by a doctor registered on a list kept by the public prosecutor will be requested.