Posted online: December 16, 2022
help person
This measure targets capable people who are able to understand what is involved and are able to express their wishes and preferences. Who are the people targeted by this new measure?
Since November 1 , 2022, a new support measure for vulnerable people has existed: the assistant to the adult . This is a non-judicial process where the Public Curator is contacted rather than the courts for recognition of the assistant.
Unlike guardianship or approval of the protection mandate, the saudi-arabia business email list assistance measure targets capable persons who are able to understand what it is about and capable of expressing their wishes and preferences.
Who are the people targeted by this new measure?
Here are some examples. Maybe you will recognize yourself or one of your loved ones:
An elderly person who is losing their autonomy and can still make decisions, but for whom finding information is difficult and who prefers to rely on someone else for this aspect;
An adult with a mild intellectual disability. He is generally independent, but for certain actions he needs help;
An adult who is visually impaired, has a hearing impairment or a motor limitation. Despite his physical limitations, he is mentally sound and can manage his assets alone. However, when it comes time to communicate with a caregiver, his limitations become an obstacle.
An adult who suffers from anxiety or another mental illness that does not prevent him or her from functioning or understanding. This person may want someone to assist him or her with certain tasks that he or she has difficulty doing on his or her own.
An immigrant who does not understand French or English well. The language barrier makes many procedures difficult, especially with the authorities.
Very often, in the entourage of these people, there are already natural caregivers who are full of good will, but whose powers are very limited if they are not also agents under a general or specific power of attorney (example of the response they get: " I cannot give you this information, it is confidential and you are not authorized to obtain it, your name is not on file" ). However, the idea of appointing an agent puts off many people who perceive this as a loss of control. They are right, the effect of a power of attorney is to give someone else the power to act on their assets (or part of them) with the same effect as if we had made the decision ourselves. The agent therefore steps into the shoes of the principal and acts on their behalf.
How will the adult assistance measure be different?
It will not allow your assistant to replace you; the final decision will be yours. Your assistant will never be able to make the decision for you, will not be able to sign documents on your behalf or exercise your civil rights in your place. Your assistant will be an intermediary, a person who will act as a bridge between you and third parties (government, service companies, etc.) with whom you have ties. He or she will receive the information you need to make an informed decision and will communicate, with your consent, useful information to third parties (government, company, etc.), particularly with regard to your preferences and wishes.