프랑스의 전문 성년후견인 제도에 관한 소고

초록

The year 2009 saw a reform of the French adult guardian system that is the creation of the ‘mandataires judiciaires à la protection des majeurs’(MJPM). MJPMs replaced various types of professional adult guardians which existed in the old system, and are now the only professionals who can be assigned by the court to perform the tasks of adults protection provided by the French Civil Code. The MJPM system can be summed up as follows: As MJPMs are the only one who can act as professional guardians, only those who obtained a certificate by completing required training courses and are licenced by the government and registered in the government controled list can become MJPMs; Adults under protection pay some or all of the remuneration for their MJPMs and the rest is supported by the public funds, the tasks of MJPMs thus becoming a social welfare service especially for adults with low income; Supervision of MJPMs is done first by the court in terms of their specific performances, and again by the government in terms of their qualification. Further analysis on the merits and demerits of the French guardian system will be helpful in designing our own system of professional adult guardians.

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