Infogreffe - Glossary
mar., 20 août 2013 15:22:00 +0000
The Council of the Paris Bar Association has voted for creation of the status of protective lawyer
A new post, of protective lawyer, has been voted by the Council of the Paris Bar Association on 9 July 2013. This post will focus on protection of vulnerable adults. A new vote should have previously been held prior to being transferred to the National Council of the Bar Association (CNB).
The name "protective lawyer" groups together under a single term various situations, but which has similar problems, concerning the protection of a vulnerable adult. It also allows positive French law to be in harmonisation with case law of the European Court of Human Rights (ECHR, 18 Oct. 2011, no. 31950/06 Graziani-Weiss versus Austria) which does not see any obstacle to a lawyer acting as guardian for people with psychiatric problems.
The lawyer may intervene for the defence of the estate of a vulnerable adult by virture of a legal mandate. This post will be governed by the Order and the duties will be covered by an insurance policy.
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