Can a person outside France be someone’s curateur?

Curatelle is one of the French options corresponding to the British concept of a ‘power of attorney’, when a close family member or friend has legal authority to take certain important decisions for a person who is no longer capable of doing it themselves. Unlike one of the alternatives, mandat de protection future, it can be established without the person’s consent, after they have become incapable of taking decisions for themselves. It is done on application to a judge.

In a ministerial response last year the justice minister noted that in the case of curatelle, or the similar tutelle, the person nominated is often the partner or spouse, or otherwise a relative or other person living with the person or with close ties to them. She also noted the competent judge is one based in the area where the person lives.

She ruled that there is nothing in legal terms which prevents the curateur living outside France (including outside the EU), however she said the distances involved must not preclude the person from having the close and stable ties expected for the role. The person must also as a matter of practicality, be capable of personally checking on and helping the person concerned.

A curateur may notably have to be involved where the person under care wants to sell a property or make a large gift, or where protective measures need to be taken because the person’s behaviour is becoming a danger to themselves. In more ‘reinforced’ versions of the arrangement the curateur even receives the person’s incomes and makes their day to day payments for them.