Instituting a private protective supervision regime involves certain expenses, such as court costs, and bailiff, notary or lawyer’s fees, which are charged to the incapable person’s patrimony. However, depending on the latter’s financial situation, all or part of these fees may be covered by legal aid. The same applies to the homologation of a protection mandate. This means that the person who initiates the process is not responsible for covering the costs.
In the case of a public protective supervision regime, namely when the Curateur public is responsible for the protection of a person, fees apply. The process to institute protective supervision may have been triggered by the Curateur public or by family members who were unable to act as legal representative. The fees are also charged to the incapable person’s patrimony. If the latter cannot afford these costs, then there is no charge.
Can I institute a protective supervision regime on my own?
In order to save money, you can take steps to institute a protective supervision regime on your own. But beware! The process can be very complicated if you don’t know what you’re doing!
Considering a dispute?
If you want to dispute an existing protective supervision regime, the costs will usually be at your expense and cannot be charged to the incapable person’s patrimony unless the court judges the legal formalities were done in the incapable person’s interest.
