CAIRN-INT.INFO : International Edition

These measures of protection were envisaged by the legislator (law of January 3, 1968) as one of themodalities of familial solidarity. The practice of these measures, particularly when the mandate is attributed to a family member, constitutes an occasion to underline the modalities according to which services to the parent are determined. These past few years, it has been primarily older people, particularly women, who have benefited from these measures; the judges have returned more verdicts of guardianship concerning them (the most restrictive measures) and have applied familial primacy more frequently. To better understand the dynamic of interfamilial solidarity in these situations, the focus here is on the way the descendant begins practicing these measures, on the activities that have been created specifically for these measures, such as the protection of the person and the protection of the property and on the collaboration with other relatives and the professionals that are present. In order to appreciate the diversity of the positions encountered, two modes of organization have been distinguished. The continuity and complementarity mode of aid practiced within the family brings to light forms of polyvalence between relatives and a concern for equity in the mobilization for the ascendant’s quality of life. The second mode corresponds to the implementation of a more specialized and betterdefined activity juxtaposed with other methods of aid by family members. This practice focuses on the perspective of managing the ascendant’s property while maintaining equality amongst the descendants and on the objective of professional legal representation for the ascendant.

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