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Licence Pro MJPM practice questions

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Question 1Role knowledge and relevant French foundations

Which medical professional is legally authorized under Article 431 of the French Civil Code to issue the mandatory medical certificate required to open a judicial protection measure?

  1. Any medical intern on duty at an emergency room.
  2. A medical doctor chosen exclusively from an official list drawn up by the Procureur de la République. Correct answer.
  3. The patient's personal acupuncturist.
  4. A pharmacist working at a neighborhood dispensary.

Explanation

Article 431 Civil Code requires that the petition be accompanied, under pain of inadmissibility (à peine d'irrecevabilité), by a detailed medical certificate drawn up by a physician chosen from a list compiled by the Procureur de la République (médecin inscrit). The doctor can consult the treating physician.

Question 2Role knowledge and relevant French foundations

Which judicial magistrate holds jurisdiction over adult protection measures ('mesures de protection des majeurs') since the judicial reform of 1 January 2020?

  1. The police commissioner of the district.
  2. The Juge des Contentieux de la Protection (JCP), sitting at the local seat of the Tribunal Judiciaire (formerly Juge des tutelles). Correct answer.
  3. The President of the Commercial Court.
  4. The administrative court judge.

Explanation

Since 1 January 2020 (Law of 23 March 2019 and Judicial Organization Code), the functions of the former Juge des tutelles are exercised by the Juge des Contentieux de la Protection (JCP), a specialized magistrate within the Tribunal Judiciaire overseeing adult guardianship, residential evictions, and overindebtedness.

Question 3Role knowledge and relevant French foundations

What is the maximum initial statutory duration of a 'curatelle' or 'tutelle' measure under Article 441 of the French Civil Code?

  1. 6 months, non-renewable.
  2. A duration fixed by the judge not exceeding 5 years (which can exceptionally be set up to 10 years for tutelle upon specially reasoned medical advice certifying that the impairment is manifestly non-reversible). Correct answer.
  3. 30 years automatically.
  4. The entire lifetime of the individual with no possible review.

Explanation

Under Article 441 Civil Code, the judge fixes the duration of curatelle or tutelle for a period not exceeding 5 years. The judge can set an initial duration of up to 10 years for tutelle only if the approved physician confirms in a specially reasoned opinion that the impairment is manifestly irreversible.

Question 4Role knowledge and relevant French foundations

What is the nature and maximum statutory duration of a 'sauvegarde de justice' under Articles 433 and 439 of the French Civil Code?

  1. A permanent measure lasting for 25 years.
  2. A temporary protective measure, lasting for a maximum of 1 year, renewable once by the judge (reaching an absolute maximum of 2 years total). Correct answer.
  3. An informal neighborhood committee meeting.
  4. A 30-day quarantine order.

Explanation

Under Article 439 Civil Code, a sauvegarde de justice (whether judicial or medical) is a short-term emergency protective measure. It cannot exceed one year in duration, and can be renewed only once by the judge, capped at an absolute maximum ceiling of two years.

Question 5Role knowledge and relevant French foundations

What legal capacity does an adult retain while placed under a 'sauvegarde de justice' without a special mandatee (Article 435 Civil Code)?

  1. The adult loses all civil rights and cannot sign any contracts.
  2. The adult retains the exercise of their civil rights, but acts performed can be rescinded for lesion ('rescision pour lésion') or reduced in case of excess ('réduction pour excès'). Correct answer.
  3. The adult is placed under automatic physical detention in a locked room.
  4. The adult's marriage is dissolved by operation of law.

Explanation

Under Article 435 Civil Code, a person under sauvegarde de justice retains full legal capacity to perform civil acts. However, their acts can be challenged post-hoc through rescision pour lésion (nullity for financial unfairness) or réduction pour excès (cutting back excessive expenses).

Question 6Role knowledge and relevant French foundations

What is the core distinction between 'curatelle simple' and 'curatelle renforcée' under Articles 467 and 472 of the French Civil Code?

  1. Under curatelle simple, the person lives in France, while under curatelle renforcée, they live abroad.
  2. Under curatelle simple, the person manages their income and performs acts of administration alone, needing curator assistance only for acts of disposition; under curatelle renforcée, the curator collects the person's income, pays expenses, and pays surplus to an account left to the person. Correct answer.
  3. Curatelle renforcée requires the person to surrender their passport to the police.
  4. There is no legal difference between them.

Explanation

In curatelle simple (Article 467), the adult manages daily affairs and needs the curator's co-signature only for acts of disposition. In curatelle renforcée (Article 472), the curator takes control of financial flows: collecting income (pensions, wages), paying bills and debts, and remitting remaining pocket money to the protected person.

Question 7Role knowledge and relevant French foundations

Under a 'tutelle' (Article 473 of the French Civil Code), who represents the protected adult in the performance of civil acts?

  1. The adult must represent themselves in all circumstances without help.
  2. The tutor represents the protected adult in all civil acts (acts of administration alone, acts of disposition upon prior authorization of the judge or family council). Correct answer.
  3. The local municipal mayor automatically acts as representative.
  4. A panel of three foreign diplomats.

Explanation

Tutelle is a regime of continuous legal representation (Article 473 Civil Code). The tutor performs acts of administration on behalf of the person alone, and performs acts of disposition on their behalf after obtaining the prior authorization of the JCP (or conseil de famille if constituted).

Question 8Role knowledge and relevant French foundations

What is the 'habilitation familiale' introduced into Articles 494-1 et seq. of the French Civil Code by Ordinance n° 2015-1288?

  1. A government family holiday voucher.
  2. A simplified protective mechanism allowing close family members (spouse, partner, ascendants, descendants, siblings) to represent a vulnerable adult without the heavy formalities of tutelle, without requiring an annual management account to be filed with the court. Correct answer.
  3. A mandatory requirement that all adult children live in the same house.
  4. A collective bankruptcy procedure for large families.

Explanation

Habilitation familiale allows close relatives, where family consensus exists, to be empowered by the JCP to represent or assist a vulnerable adult. It eliminates ongoing judicial bureaucracy: no mandatory annual management accounts to greffiers and no ongoing judge authorizations for standard acts, preserving family privacy.

Question 9Role knowledge and relevant French foundations

Under Decree n° 2008-1484 and Article 505 of the Civil Code, how is a protected adult's real-estate sale handled when the adult is under tutelle?

  1. As an act of preservation ('acte conservatoire').
  2. As an act of disposition ('acte de disposition'), requiring the prior authorization of the Juge des Contentieux de la Protection. Correct answer.
  3. As an act of daily administration ('acte d'administration') that the tutor can sign alone without asking anyone.
  4. As a strictly personal act that cannot be performed under any circumstances.

Explanation

The Annex to Decree 2008-1484 classifies alienation of real estate (sale, exchange, donation) strictly as an acte de disposition. Under tutelle, the tutor cannot sell the ward's real estate without the express prior authorization of the JCP (Article 505 Civil Code). Under curatelle, the adult cannot sell without the curator's assistance.

Question 10Role knowledge and relevant French foundations

What is an 'acte strictement personnel' under Article 458 of the French Civil Code, and how is it performed by an adult under a protection measure?

  1. An act that can be performed by the tutor without informing the adult.
  2. An act such as declaring or recognizing a child, exercising acts of parental authority relating to the child, or consenting to one's own adoption or that of one's child; no assistance or representation is permitted. Correct answer.
  3. An act that must be published on a public billboard.
  4. An act that requires the unanimous consent of the municipal council.

Explanation

Under Article 458 Civil Code, acts whose nature implies strictly personal consent (actes strictement personnels) can never give rise to assistance or representation by a protective mandatee. The person makes the decision alone if capable of expressing will; if incapable, the act cannot be performed.

Question 11Role knowledge and relevant French foundations

What is the rule regarding the right to vote ('droit de vote') of adults placed under 'tutelle' following the Law of 23 March 2019?

  1. Adults under tutelle are permanently stripped of the right to vote for life.
  2. Adults under tutelle enjoy full voting rights as of right; the judge can no longer deprive them of their voting rights, and they exercise their vote personally. Correct answer.
  3. The tutor casts the ballot on behalf of the person without consulting them.
  4. Protected adults can only vote in municipal elections for dog catchers.

Explanation

The Law of 23 March 2019 repealed former Article L. 5 of the Electoral Code: adults under tutelle now enjoy full and unalienable voting rights (droit de vote de plein droit). The judge cannot deprive them of the right to vote, and the tutor cannot vote in their place (proxy voting can be given to another citizen, excluding the professional MJPM).

Question 12Role knowledge and relevant French foundations

What is the procedure when an adult under tutelle wishes to marry ('mariage') since the reform of the Law of 23 March 2019 (Article 460 Civil Code)?

  1. The adult must obtain the prior written authorization of the JCP, failing which the marriage is null.
  2. The adult marries freely without requiring judge or tutor authorization, but must priorly inform the tutor or curator, who can object only on legitimate statutory grounds. Correct answer.
  3. Marriage is strictly prohibited for adults under tutelle.
  4. The marriage ceremony must be conducted in the judge's private office.

Explanation

Since the 2019 reform, the requirement for prior authorization from the judge or family council was abolished. Under Article 460 Civil Code, marriage and PACS are free: the protected person simply informs the tutor/curator beforehand. The mandatee can lodge an opposition only if there are reasons to fear fraud or abuse of weakness.

Question 13Role knowledge and relevant French foundations

Under Article 426 of the French Civil Code, what protection generally applies to the protected person's residence and its furnishings?

  1. The tutor can sell the person's home and dispose of their furniture the day after appointment.
  2. They must remain available to the person as long as possible, and a decision to dispose of rights relating to the home or furnishings requires authorization by the judge or family council. Correct answer.
  3. The home is automatically expropriated by the local departmental council.
  4. The furniture must be donated to charity within 30 days.

Explanation

Article 426 requires the protected person's home and furnishings to be kept available for as long as possible. A decision disposing of rights relating to the home or furnishings must be authorized by the judge or family council. A prior medical opinion is an additional requirement when the act is intended to admit the person to an establishment; it is not required for every possible disposal and the physician need not be on the prosecutor's Article 431 list.

Question 14Role knowledge and relevant French foundations

What is the rule set forth in Article 427 of the French Civil Code regarding the bank accounts of an adult placed under protection?

  1. The MJPM must close all existing accounts and open a new account in the MJPM's personal name.
  2. The MJPM is legally obligated to maintain the bank accounts and books opened in the name of the protected person at their existing banking institutions; opening a new account or closing an existing account requires prior authorization from the JCP. Correct answer.
  3. All money must be withdrawn in cash and buried in the ground.
  4. The bank accounts are transferred to the Ministry of Justice.

Explanation

Article 427 Civil Code mandates the strict continuity of bank accounts: the MJPM cannot close existing accounts or move funds to a new bank without JCP authorization. All operations must occur on accounts opened in the protected person's name (compte de gestion and compte de retrait).

Question 15Role knowledge and relevant French foundations

What deadlines does Article 503 of the French Civil Code set for the initial inventory under tutelle?

  1. Within 48 hours of appointment.
  2. An inventory of tangible movable property within three months, followed by an inventory of the other property within six months of the opening judgment. Correct answer.
  3. Within five years.
  4. Inventories are optional and only needed if requested by banks.

Explanation

Article 503 separates the deadlines: the tutor must transmit an inventory of tangible movable property within three months and an inventory of the protected person's other property within six months of the opening judgment. The inventory is made in the presence of the protected person if health permits, the subrogé tuteur if appointed, and either two adult witnesses with no service relationship to the tutor or an authorized public or ministerial officer.

Question 16Role knowledge and relevant French foundations

What is the annual management account ('compte de gestion') under Articles 510 and 512 of the French Civil Code?

  1. A tax return submitted to the European Parliament.
  2. An annual account of the protected person's management, supported by documents, which is verified and approved through the mechanism designated under Article 512. Correct answer.
  3. A verbal telephone summary given to the local mayor.
  4. A marketing report published in the local newspaper.

Explanation

Article 510 requires an annual account describing the management operations and changes in the protected person's assets, with supporting documents. Under the current Article 512 framework, verification and approval may be performed by a subrogé, the family council, co-tutors, or a court-designated qualified professional, depending on the case. The Code does not impose a universal 31 December filing date or routine clerk audit for every measure.

Question 17Role knowledge and relevant French foundations

What is the 'Document Individuel de Protection du Majeur' (DIPM) under Article L. 471-6 of the Code de l'action sociale et des familles (CASF)?

  1. An identity card required to buy train tickets.
  2. A contractual document developed by the MJPM with the protected person (and their family where appropriate), defining the personalized objectives and practical modalities of the protective support, handed to the person within statutory deadlines. Correct answer.
  3. An eviction notice served on elderly residents.
  4. A mandatory will drafted by the social worker.

Explanation

Under Article L. 471-6 CASF, the DIPM is the foundational document of personalized social support. Established in consultation with the protected person, it outlines the specific goals of the mandate, respects the person's wishes, specifies communication arrangements, and guarantees user rights.

Question 18Role knowledge and relevant French foundations

What are the three different modes of exercising the profession of Mandataire Judiciaire à la Protection des Majeurs (MJPM) under the CASF?

  1. Pilot, train driver, and maritime captain.
  2. Independent individual practitioner ('à titre individuel'), employee delegate in an association service ('service mandataire'), or hospital/care home agent ('préposé d'établissement public'). Correct answer.
  3. Police officer, tax inspector, and military officer.
  4. Private corporate CEO, stockbroker, and politician.

Explanation

Under Articles L. 471-1 and L. 472-1 CASF, the MJPM profession is exercised in three statutory modalities: as an independent professional in private practice (mandataire individuel), as a protective delegate employed by a licensed protective association (service mandataire), or as an administrative agent employed by a public healthcare/EHPAD institution (préposé d'établissement).

Question 19Role knowledge and relevant French foundations

Which authority is responsible for granting accreditation ('agrément') to an independent MJPM exercising à titre individuel under Article L. 472-1 of the CASF?

  1. The local municipal fire department.
  2. The Prefect of the Department (Préfet de département), following the joint opinion of the Procureur de la République and after consulting the departmental commission. Correct answer.
  3. The European Commission in Brussels.
  4. The local retail merchants' association.

Explanation

Under Article L. 472-1 CASF, independent MJPMs are licensed by prefectoral decree (arrêté d'agrément du Préfet de département), issued upon the concurring opinion of the Procureur de la République, after a competitive selection call based on departmental demographic and protective needs.

Question 20Role knowledge and relevant French foundations

Under what conditions can a person under 'curatelle' draft a valid holographic will ('testament') under Article 470 of the French Civil Code?

  1. A person under curatelle cannot draft a will under any circumstances.
  2. A person under curatelle may freely draft a will alone, without needing the assistance or authorization of the curator, provided they have sound mind (sain d'esprit, Article 414-1). Correct answer.
  3. The will must be co-signed by the curator to be valid.
  4. The will must be approved in advance by the town mayor.

Explanation

Under Article 470 Civil Code, a person under curatelle can freely make a will alone (Article 901 and 414-1 applying: being of sound mind). The curator does not assist or co-sign the will. In contrast, making a gift (donation) requires the curator's assistance.

Question 21Role knowledge and relevant French foundations

What is the rule regarding the making of a will by an adult under 'tutelle' under Article 476 of the French Civil Code?

  1. The tutor writes the will for the adult.
  2. The adult under tutelle can make a will only with the prior authorization of the judge or family council; the tutor can neither assist nor represent them. Correct answer.
  3. Wills made by adults under tutelle are valid without any judicial review.
  4. Adults under tutelle can only leave property to the state.

Explanation

Under Article 476 Civil Code, a person under tutelle can make a will only if priorly authorized by the JCP or family council, on pain of nullity. The tutor cannot represent the person. Once authorized, the testator drafts the will personally.

Question 22Role knowledge and relevant French foundations

Can an MJPM receive a donation or testamentary bequest from a protected adult whose measure they supervise under Article 909 of the French Civil Code?

  1. Yes, the MJPM can receive unlimited gifts from their clients.
  2. No, Article 909 of the Civil Code strictly prohibits judicial mandatees (MJPMs) from receiving inter vivos gifts or testamentary bequests from persons whose protection they handle, under pain of absolute nullity. Correct answer.
  3. Yes, provided the gift is in cash.
  4. Yes, if authorized by a colleague.

Explanation

Under Article 909 of the French Civil Code, members of medical/social professions and judicial mandatees for adult protection (MJPMs) cannot benefit from any liberalities (donations or wills) made by the persons they protect while handling their mandate, under pain of absolute nullity (presomption irréfragable de captation).

Question 23Role knowledge and relevant French foundations

What is the criminal offense of 'abus de faiblesse' under Article 223-15-2 of the French Penal Code?

  1. A sports penalty in amateur gymnastics.
  2. The fraudulent abuse of the state of ignorance or situation of vulnerability of an elderly or disabled person whose impaired mental faculties are apparent or known, to induce them to commit an act or omission severely detrimental to their patrimony. Correct answer.
  3. A tax fine on low-income households.
  4. Refusing to give up a seat on the subway.

Explanation

Article 223-15-2 of the Penal Code punishes abus de faiblesse (abuse of vulnerability/weakness) by up to 3 years imprisonment and a €375,000 fine. It targets predators who exploit the cognitive decline or psychological vulnerability of protected adults to obtain money, property, or wills.

Question 24Role knowledge and relevant French foundations

Under Article L. 471-6 of the CASF, what information must an MJPM provide at the start of a professional protection measure?

  1. Only an oral summary of the court's judgment, with no written material.
  2. A rights-and-freedoms charter attached to an information notice and an individual protection document describing the measure, services, and forecast charges. Correct answer.
  3. The MJPM's personal tax return and client list.
  4. A waiver of all rights to privacy and participation.

Explanation

Article L. 471-6 requires personal delivery of an information notice with the protected-person rights charter and a document individuel de protection des majeurs. The latter states the measure's objectives and nature, services offered, and forecast deductions from the person's resources. It is not the statutory basis for the broad professional-secrecy proposition previously attributed to it.

Question 25Role knowledge and relevant French foundations

How do Articles 434-3, 226-13, and 226-14 of the French Penal Code affect an MJPM considering disclosure of abuse against a vulnerable protected adult?

  1. Article 434-3 always criminalizes a confidential professional's failure to report, with no exception.
  2. Article 434-3 contains an exception for persons bound by professional secrecy, while Article 226-14 identifies circumstances in which disclosure of abuse to competent authorities is legally permitted. Correct answer.
  3. Professional secrecy makes every protective disclosure unlawful, even where Article 226-14 applies.
  4. Only a relative of the protected person may alert an authority.

Explanation

Article 434-3 penalizes failure to report specified mistreatment of a person unable to protect themself, but its final paragraph excepts persons bound by professional secrecy under Article 226-13. Article 226-14 separately provides circumstances in which secrecy does not apply to a good-faith report to competent authorities. The provisions therefore should not be reduced to a universal immediate-reporting duty for every secrecy-bound professional; urgent safety duties and the MJPM's mandate must still be assessed.

Question 26Role knowledge and relevant French foundations

What is the status of 'directives anticipées' (advance medical directives) under Article L. 1111-11 of the Public Health Code for an adult placed under tutelle?

  1. Directives anticipées written by the person are automatically cancelled upon placement under tutelle.
  2. The adult under tutelle can write advance directives regarding end-of-life care with the authorization of the JCP or family council, or if written prior to tutelle, they remain valid and binding on physicians. Correct answer.
  3. The tutor can unilaterally rewrite the person's advance directives at will.
  4. Advance directives must be registered with the commercial police.

Explanation

Under Article L. 1111-11 CSP, advance directives expressing end-of-life wishes regarding therapeutic obstinacy and palliative care are binding on physicians. A person under tutelle can write them with judge/council authorization, and pre-existing directives written while healthy remain fully valid.

Question 27Role knowledge and relevant French foundations

Can an adult under tutelle designate a trusted person ('personne de confiance') under Article L. 1111-6 of the Public Health Code?

  1. No, adults under tutelle are strictly forbidden from designating a personne de confiance.
  2. Yes. If the measure includes representation relating to the person, designation requires authorization from the judge or family council; otherwise the adult uses the ordinary written designation rules. Correct answer.
  3. Yes, and the person de confiance must always be the landlord.
  4. The doctor chooses the person de confiance without asking the patient.

Explanation

Current Article L. 1111-6 permits any adult to make a written, co-signed designation of a parent, close person, or treating physician. Where a protection measure includes representation relating to the person, authorization from the judge or constituted family council is required. The article does not state the categorical MJPM exclusion previously asserted in this question.

Question 28Role knowledge and relevant French foundations

What is the civil liability regime of the protected adult under Article 414-3 of the French Civil Code regarding damages caused to third parties?

  1. A person under mental impairment is immune from all civil liability and victims are never compensated.
  2. A person who causes damage to another while under the influence of a mental impairment is nonetheless obligated to compensate the victim ('celui qui a causé un dommage à autrui alors qu'il était sous l'empire d'un trouble mental n'en est pas moins obligé à réparation'). Correct answer.
  3. The judge who opened the tutelle must pay all damages from their salary.
  4. The victim is sent to prison.

Explanation

Article 414-3 Civil Code affirms a fundamental principle of French tort law: mental impairment does not excuse civil liability for damages caused to third parties. The protected adult's civil liability insurance (responsabilité civile vie privée) compensates the victim.

Question 29Role knowledge and relevant French foundations

What is the civil professional liability regime ('responsabilité civile professionnelle') of an MJPM under Article 421 of the French Civil Code?

  1. The MJPM has total legal immunity and can never be held liable for mistakes.
  2. The MJPM is liable for their own faults and negligence committed in the exercise of their protective mandate; all professional MJPMs must maintain mandatory professional indemnity insurance. Correct answer.
  3. The French State automatically pays for all financial mistakes of independent MJPMs.
  4. The MJPM is liable only if convicted of treason.

Explanation

Under Article 421 Civil Code, protective bodies (including the tutor, curator, and MJPM) are liable for damages resulting from faults committed in the discharge of their functions. Independent MJPMs must subscribe to mandatory professional liability insurance (CASF L. 472-2).

Question 30Role knowledge and relevant French foundations

What is the statute of limitations for bringing an action in liability against an MJPM regarding acts of protection under Article 423 of the French Civil Code?

  1. 1 year.
  2. 5 years from the termination of the protection measure. Correct answer.
  3. 30 years.
  4. 100 years.

Explanation

Under Article 423 of the French Civil Code, an action in liability against a protective mandatee is barred after five years (prescription quinquennale), running from the date of the termination of the protective measure (or from when the person reached majority or full capacity).

Question 31Role knowledge and relevant French foundations

What is the 'Charte des droits et libertés de la personne majeure protégée' (Order of 2 January 2009)?

  1. A document that must be hidden from the protected person.
  2. A mandatory statutory charter annexed to the notice of rights, guaranteeing fundamental rights: dignity, respect for personal choices, right to privacy, access to information, and protection of property, handed to the person at the start of the measure. Correct answer.
  3. A list of punishments for uncooperative adults.
  4. A commercial catalog of nursing homes.

Explanation

The Charte des droits et libertés de la personne majeure protégée (promulgated under CASF L. 471-6) enshrines key rights: freedom of movement, right to privacy and familial relations, respect for consent, and property protection. The MJPM must formally deliver it to the protected adult.

Question 32Role knowledge and relevant French foundations

How is the financial participation of the protected adult in the funding of their protective measure calculated under Article L. 471-5 and R. 471-5-1 of the CASF?

  1. Every person pays a flat fee of 1,000 euros per month regardless of income.
  2. Participation is based on a progressive statutory scale applied to the person's total annual taxable income, exempting those with resources below the annual RSA level, with the remaining cost funded by public financing. Correct answer.
  3. The MJPM takes all the person's money and leaves them with zero.
  4. The measure is paid entirely by the European Central Bank.

Explanation

Under Article L. 471-5 and R. 471-5-1 CASF, the cost of protection is financed by the protected person according to their resources (barème dégressif/progressif). Persons with incomes below the RSA pay zero (100% public funding); higher-income individuals pay a progressive statutory contribution.

Question 33Role knowledge and relevant French foundations

What is the 'mandat spécial' within a 'sauvegarde de justice' under Article 437 of the French Civil Code?

  1. A secret agent mission ordered by the Ministry of Defense.
  2. A court decision appointing a special mandatee (mandataire spécial) tasked with executing specific determined acts (e.g., selling an asset, defending a lawsuit, unblocking bank accounts) while leaving the adult in full capacity for everything else. Correct answer.
  3. An authorization to arrest the person's family members.
  4. A commercial contract to sell vacuum cleaners.

Explanation

Under Article 437 Civil Code, the judge opening a sauvegarde de justice can appoint a mandataire spécial to perform specific, enumerated acts of administration or disposition that are urgently needed, preserving the person's full legal capacity for all other matters.

Question 34Role knowledge and relevant French foundations

What is the 'subrogé curateur' or 'subrogé tuteur' appointed under Article 454 of the French Civil Code?

  1. A police spy monitoring the family.
  2. A secondary protective officer appointed to oversee the management acts of the tutor or curator and to represent the protected person whenever their interests conflict with those of the primary mandatee. Correct answer.
  3. An intern who cleans the court building.
  4. A banking automated teller machine.

Explanation

Under Article 454 Civil Code, the JCP can appoint a subrogé curateur or subrogé tuteur to supervise the management of the primary tutor/curator and to act in place of the primary mandatee whenever a conflict of interest arises between the mandatee and the protected person.

Question 35Role knowledge and relevant French foundations

What is the 'curateur ad hoc' or 'tuteur ad hoc' appointed under Article 455 of the French Civil Code?

  1. A permanent replacement who takes over the entire mandate for life.
  2. A temporary ad hoc representative appointed by the judge to represent the protected person for a specific act or litigation where the primary mandatee faces a conflict of interest and no subrogate mandatee was appointed. Correct answer.
  3. A medical doctor who performs brain surgery.
  4. An architect drawing housing plans.

Explanation

Under Article 455 Civil Code, if the tutor/curator's interests conflict with those of the protected person in a specific transaction or lawsuit (e.g., estate partition where both are co-heirs), the judge appoints a tuteur/curateur ad hoc strictly to represent the person for that isolated matter.

Question 36Role knowledge and relevant French foundations

What is the legal consequence of an act of disposition performed by an adult under 'tutelle' alone without their tutor under Article 465 2° of the Civil Code?

  1. The act is valid and unchallengeable.
  2. The act is null and void as of right ('nul de plein droit'), without requiring proof of any financial loss or injury (lésion). Correct answer.
  3. The adult is sentenced to prison.
  4. The act is transferred to the United Nations.

Explanation

Article 465 2° Civil Code establishes that any act of disposition accomplished by the protected adult alone after the judgment opening tutelle is null and void by operation of law (nul de plein droit), without needing to prove prejudice or lesion.

Question 37Role knowledge and relevant French foundations

Under Article 465 of the Civil Code, what sanction can apply when an adult under curatelle performs alone an act that required the curator's assistance?

  1. The act is automatically void without any need to show prejudice.
  2. The act may be annulled only if it is established that the protected person suffered prejudice. Correct answer.
  3. The adult is stripped of their French nationality.
  4. The curator must pay a fine to the European Union.

Explanation

Article 465 distinguishes categories of unauthorized acts. An act that the person could perform only with assistance may be annulled only if prejudice is proved. Rescission for lesion or reduction for excess instead concerns an act that the person was entitled to perform alone, while automatic nullity concerns an act done alone when representation was required.

Question 38Role knowledge and relevant French foundations

What is the 'Mesure d'Accompagnement Social Personnalisé' (MASP) under Articles L. 271-1 et seq. of the CASF?

  1. A forced hospitalization in a psychiatric facility.
  2. An administrative and social contract concluded between a person experiencing financial difficulties and the Departmental Council (Conseil Départemental), aimed at restoring budgetary autonomy without establishing judicial guardianship. Correct answer.
  3. An automated tax deduction from bank accounts.
  4. A police probation measure.

Explanation

Created by the 2007 reform, the MASP is a non-judicial, administrative contract between the individual and the Département. It provides social and budgetary assistance to help the person manage their social benefits, serving as a primary alternative before considering judicial measures.

Question 39Role knowledge and relevant French foundations

What is the 'Mesure d'Accompagnement Judiciaire' (MAJ) under Articles 495 et seq. of the French Civil Code?

  1. A criminal penalty forcing the debtor to work in a prison kitchen.
  2. A judicial measure ordered by the JCP when an administrative MASP has failed, appointing an MJPM to manage the person's social benefits directly to restore budgetary autonomy and secure housing, without depriving the adult of civil capacity. Correct answer.
  3. An automated foreclosure on all real estate.
  4. A temporary suspension of all welfare benefits.

Explanation

Under Articles 495 et seq. Civil Code, the MAJ is a judicial budgetary measure ordered when a MASP has proven insufficient to resolve severe benefit mismanagement that compromises health or housing. The MJPM receives and manages social benefits, but the adult retains full civil legal capacity.

Question 40Role knowledge and relevant French foundations

What is the 'conseil de famille' (family council) in adult tutelle under Articles 456 et seq. of the French Civil Code?

  1. An informal family holiday dinner.
  2. A collegial judicial organ presided over by the JCP, composed of 4 to 6 members (relatives and friends), established when the wealth or family situation warrants it, which appoints the tutor and authorizes acts of disposition. Correct answer.
  3. A mandatory court trial for inheritance disputes.
  4. A committee of municipal civil servants.

Explanation

Articles 456 et seq. Civil Code permit the JCP to constitute a conseil de famille if the size of the estate or family consensus makes it appropriate. Presided over by the judge, the council appoints the tutor and subrogate tutor, and grants authorizations for acts of disposition.

Question 41Role knowledge and relevant French foundations

What is the 'argent de vie' (living allowance / pocket money) provided to a protected adult under curatelle renforcée or tutelle?

  1. A loan given by the European Union.
  2. A regular personal allowance drawn from the person's income left at their completely free and autonomous disposal (typically deposited on a dedicated debit card account) to make daily personal purchases without accounting. Correct answer.
  3. A tax deduction granted to wealthy seniors.
  4. A penalty fine deducted for bad behavior.

Explanation

Argent de vie (or argent de poche) is the personal discretionary spending money allocated regularly to the protected person. It respects dignity and promotes autonomy, allowing the adult to make daily personal purchases (coffee, magazines, clothes) without having to account to the MJPM.

Question 42Role knowledge and relevant French foundations

What are the key social welfare benefits that an MJPM must audit and claim for a vulnerable adult in France?

  1. Stock options and corporate bonuses.
  2. The Allocation aux Adultes Handicapés (AAH), the Allocation Personnalisée d'Autonomie (APA), housing benefits (APL/ALS), the Complémentaire Santé Solidaire (CSS), and the Revenu de Solidarité Active (RSA). Correct answer.
  3. Cryptocurrency mining rewards.
  4. Diplomatic expense accounts.

Explanation

A central responsibility of the MJPM is social rights optimization (ouverture des droits sociaux): ensuring the person receives all eligible statutory benefits (AAH for disability, APA for dependency, housing allowances, solidarity health coverage, and pensions), maximizing income and healthcare coverage.

Question 43Role knowledge and relevant French foundations

What is the procedure when a protected adult in a care home (EHPAD) requires the appointment of a 'préposé d'établissement' under Article L. 471-2 of the CASF?

  1. The director of the hospital locks the person in the basement.
  2. A designated staff member of the public healthcare or social institution holding the MJPM national qualification is appointed by the JCP to exercise the protective mandate for residents receiving care in that facility. Correct answer.
  3. The care home confiscates all the person's assets permanently.
  4. The appointment is made by a lottery among nursing staff.

Explanation

Under Article L. 471-2 CASF, in public healthcare establishments and EHPADs, the court can appoint a préposé d'établissement-an accredited employee of the institution holding the MJPM diploma-to exercise tutelle or curatelle for hospitalized or resident adults.

Question 44Role knowledge and relevant French foundations

Under what condition can an MJPM open, close, or transfer a bank account of a protected adult under Article 427 alinéa 3 of the French Civil Code?

  1. Whenever the MJPM wants to change banks for convenience.
  2. Only upon obtaining the express prior authorization of the Juge des Contentieux de la Protection, justified in the interest of the protected person. Correct answer.
  3. Never; accounts can never be modified even if the bank fails.
  4. With the verbal consent of the bank branch teller.

Explanation

Under Article 427 al. 3 Civil Code, opening a new account in a different bank or closing an existing account is strictly prohibited unless specifically authorized by the JCP upon demonstration that it serves the direct interest of the protected adult.

Question 45Role knowledge and relevant French foundations

What is the 'Projet Personnalisé' or personalized life project that an MJPM must support under social and protective legislation?

  1. A financial plan to force the person to buy luxury jewelry.
  2. A holistic framework recognizing the adult's life choices, social relationships, housing preferences, cultural activities, and personal aspirations, placing the person at the center of their protection. Correct answer.
  3. A program to relocate the person outside France.
  4. An automated scheme to invest in foreign real estate.

Explanation

The projet personnalisé places the protected adult at the center of all actions (Law of 2 January 2002 and Law of 5 March 2007). The MJPM supports the person's wishes regarding lifestyle, residence, friendships, hobbies, and personal dignity, balancing autonomy with safety.

Question 46Role knowledge and relevant French foundations

How does the principle of 'subsidiarité' apply when a JCP evaluates whether to open a judicial protection measure under Article 428 of the Civil Code?

  1. The judge must automatically open a tutelle in all cases without looking for alternatives.
  2. The judge must verify that protection cannot be adequately provided by the application of matrimonial regimes, general rules of representation between spouses, a power of attorney, a mandat de protection future, or an habilitation familiale. Correct answer.
  3. The judge must delegate the decision to a private insurance company.
  4. The judge only acts if requested by the President of the Republic.

Explanation

The subsidiarity principle dictates that judicial protection (curatelle/tutelle) is the last resort. The judge must not order it if the person's interests can be adequately safeguarded by existing family arrangements (spousal powers art. 217/219, mandat de protection future, habilitation familiale).

Question 47Role knowledge and relevant French foundations

What is the 'mandat de protection future' when it takes effect under Article 481 of the French Civil Code?

  1. It requires a complete court trial and replacement of the mandatee by a civil servant.
  2. The mandatee presents the contract together with an approved medical certificate of impairment to the greffe of the Tribunal Judiciaire, which visually verifies and dates the document (visa du greffier), bringing the private mandate into immediate legal effect without a court hearing. Correct answer.
  3. It dissolves the person's marriage immediately.
  4. It can only take effect after the person has died.

Explanation

Under Article 481 Civil Code, activating a mandat de protection future requires no judicial hearing: the agent presents the mandate and an approved certificate of impairment to the greffe. The greffier inspects compliance and affixes a visa, bringing the mandate into legal force immediately.

Question 48Role knowledge and relevant French foundations

Who has statutory standing to petition the JCP for the opening of a judicial protection measure under Article 430 of the French Civil Code?

  1. Any anonymous person who sends a postcard to the court.
  2. The person themselves, their spouse or partner (unless cohabitation ceased), their relatives in direct line or collaterals, a person maintaining close and stable ties with them, or the Procureur de la République (sua sponte or upon report of a third party). Correct answer.
  3. Exclusively commercial banks seeking loan payments.
  4. Only foreign consular attachés.

Explanation

Article 430 Civil Code strictly defines standing: the person, spouse, partner, ascendants, descendants, siblings, close friends maintaining close and stable relations, or the Procureur de la République. Commercial creditors and doctors cannot petition directly; they must signal to the prosecutor.

Question 49Role knowledge and relevant French foundations

How does tutelle affect access to the consumer overindebtedness procedure ('surendettement des particuliers')?

  1. Tutelle makes the protected person categorically ineligible for the procedure.
  2. A good-faith protected individual remains eligible under Article L. 711-1, and the tutor can submit the dossier in the person's representative capacity; later disposition acts may require their own authorization. Correct answer.
  3. Only commercial judicial liquidation is available to a person under tutelle.
  4. The tutor becomes personally liable for all debts by filing the dossier.

Explanation

Article L. 711-1 opens the procedure to good-faith natural persons meeting the statutory overindebtedness test and does not exclude protected adults. Under tutelle, the tutor acts as legal representative in submitting and following the dossier. That representation does not establish a blanket rule that filing itself always requires prior judicial authorization; a later sale or other disposition must be analyzed under its own authorization rules.

Question 50Role knowledge and relevant French foundations

What is the primary objective of the DALO (Droit au Logement Opposable) appeal when an MJPM assists a vulnerable adult without stable shelter?

  1. To obtain a commercial retail lease for the adult.
  2. To assert the enforceable legal right to decent, independent housing before the departmental mediation commission (commission de médiation) and the administrative court. Correct answer.
  3. To purchase real estate property without a mortgage.
  4. To demand that the JCP allocate a room in the municipal town hall.

Explanation

The DALO procedure (Law of 5 March 2007, CCH Articles L. 441-2-3 et seq.) allows individuals who are homeless, threatened with eviction without rehousing, or living in indecent/unfit conditions to petition the administrative mediation commission to obtain priority emergency housing or accommodation.