The autonomy of the actor diminishes. This Thursday, the Montargis court (Loiret) ordered the placement under reinforced curatorship of French cinema icon Alain Delon, Le Parisien learned, confirming information from CNews. Before that, the actor had been under judicial protection since the end of January.
Curatorship is ordered by a judge and aims to protect an adult and their assets when necessary. There are three forms of curatorship: simple, modified or reinforced. “Guardianship is one of the various measures for the protection of adults which can be ordered for people who suffer from an alteration of their mental or physical capacities,” recalls Nathalie Peterka, a lawyer specializing in the law of the protection of adults.
“For placement under curatorship, you must first produce a detailed medical certificate. This must be established by a doctor who appears on a list drawn up by the public prosecutor,” adds the professor of private law at Paris Est Créteil University.
Reinforced guardianship
In the case of Alain Delon, it was decided to set up reinforced guardianship. “As part of a reinforced curatorship, for the collection of his income, for example a retirement pension or copyright, as well as for the payment of his expenses, the protected person is represented by his curator”, specifies Nathalie Peterka.
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According to Nathalie Peterka, this third degree of curatorship “is the most commonly ordered protection measure after family authorization”.
Simple guardianship
Conversely, within the framework of a simple guardianship, the protected person can continue to carry out everyday activities alone such as managing the bank account or subscribing to insurance contracts, indicates the Service website audience. However, she must be assisted by her curator for certain acts known as acts of disposition, such as obtaining a loan or the sale of real estate belonging to her. “It is a measure that restricts but does not deprive the person of their abilities,” underlines the lawyer.
Curatorship arranged
The curatorship adapted to the profile of the protected person. The judge determines the acts that the person can do alone, or with the help of their guardian. “It is common for a modified curatorship to be associated with a reinforced curatorship to allow the person to carry out certain acts alone,” notes Nathalie Peterka.
If no information has been communicated regarding the identity of Alain Delon's curator, it seems unthinkable that justice will appoint a member of the family, as is usually the case. “When there is a situation of family conflict, the appointed curator is generally an external agent,” specifies Nathalie Peterka.
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Since the Christmas holidays, the actor's three children have been tearing each other apart through legal action and statements through the media. The two brothers Anthony and Alain Fabien accuse Anouchka of having hidden the state of health of Alain Delon to bring him back to Switzerland and, they suppose, to pay less taxes on the latter's inheritance, which she denies.