Detailed medical certificate for legal protection in France (guardianship): template for psychiatrists

The detailed medical certificate (certificat médical circonstancié) is the mandatory medical document in any French application to open guardianship (tutelle), curatorship (curatelle) or family authorisation (habilitation familiale): without it, the application is inadmissible. It is written by a doctor on the public prosecutor's list, often a psychiatrist, and it describes the impairment of the person's faculties, its likely course and its consequences for civil acts (article 1219 of the French Code of Civil Procedure).

Who writes the detailed certificate

Under article 431 of the French Civil Code, the application must include, or be inadmissible, a detailed certificate written by a doctor chosen from a list drawn up by the public prosecutor. This doctor may ask the treating doctor for an opinion.

• The listed doctor examines the person and signs. The French National Authority for Health (HAS) advises, where possible, a doctor whose specialty matches the impairment (HAS, 2025, p. 26): for psychiatric or cognitive disorders, often a psychiatrist.
• The treating doctor gives an opinion when asked. According to the HAS, this is any doctor who has examined the person at least once; they answer precise questions but cannot give access to the medical file (p. 27). The Nouvelle-Aquitaine regional health agency states that the listed doctor, even when on the list, cannot be the person's treating doctor.
• For a renewal on the same terms, according to the ministerial answer of 21 November 2023, the judge may accept a certificate from any doctor when the person can be heard: the detailed certificate is only required to open or strengthen a measure.

The general ethical framework is covered in our page on medical certificates in psychiatry. Involuntary care follows a different procedure: see our involuntary care certificate template.

What the law requires: the exact text

Here is article 1219 of the Code of Civil Procedure, in force since 25 July 2019 (our translation). The detailed medical certificate provided for by article 431 of the Civil Code:

• 1° It describes precisely the impairment of the faculties of the adult to be protected or already protected;
• 2° It gives the judge all information on the foreseeable course of this impairment;
• 3° It specifies the consequences of this impairment on the need for assistance or representation in civil acts, both financial and personal.

The certificate states whether hearing the adult could harm their health or whether they are unable to express their will. It is handed by the doctor to the applicant in a sealed envelope, for the sole attention of the public prosecutor or the guardianship judge.

Article 425 of the Civil Code covers a person unable to look after their own interests because of a medically established impairment. Article 440 distinguishes curatorship (continuous assistance or supervision for important civil acts) from guardianship (continuous representation). Your description must let the judge choose between assistance and representation.

Detailed certificate template to copy

Some courts provide an outline, but the HAS warns it should not be reduced to tick boxes: the assessment must be personalised and descriptive. This template follows the order of article 1219.

1. Header

Doctor's name, specialty, address and RPPS number. “Doctor listed by the public prosecutor at the judicial court of [town]”. Name and status of the applicant.

2. Identity of the person

Birth name, married name, first names, date and place of birth, address or place of residence.

3. Conditions of the examination

Date, place and length; people present; documents reviewed; treating doctor's opinion requested or not, and what it said.

4. Impairment (1°)

• Nature: mental, physical preventing the expression of will, or both.
• Facts observed: orientation, memory, judgement, insight, mood, behaviour.
• Impact: budget, mail, paperwork, medication, safety at home.
• What the person can still do alone.

5. Foreseeable course (2°)

Stable, fluctuating, likely to improve, or clearly not likely to improve. Justify the last wording: it allows a longer measure.

6. Consequences for civil acts (3°)

• Financial acts: day-to-day budget, major acts (sale, loan, investment).
• Personal acts: residence, health decisions, relationships.
• Need: occasional assistance, continuous assistance or representation.

7. Hearing by the judge

Possible; or likely to harm the person's health, with reasons; or person unable to express their will, with reasons. Useful practicalities (at home, relative present).

8. Opinion on the measure, duration and residence

Measure that “seems appropriate to me”, scope (property, person, or both), reasoned opinion on duration, whether staying at home is possible. The judge decides.

9. Conclusion

“Certificate issued at the request of [applicant], handed over in a sealed envelope for the sole attention of the public prosecutor or the guardianship judge.” Place, date, signature.

Fully completed fictional example

Invented person and situation. Mrs Jeanne L. does not exist.

Detailed medical certificate (article 431 of the Civil Code)

I, the undersigned Dr Paul M., psychiatrist, listed by the public prosecutor at the judicial court of [town], certify that on 14 October 2026 I examined Mrs Jeanne L., born on 3 March 1942 in [town], living at [address], at her home, for 50 minutes, at the request of her daughter, Mrs Claire L.

Conditions. Interview alone, then with her daughter. Opinion requested from the treating doctor, Dr Anne R., who reports missed medication for a year.

Impairment. Impairment of mental faculties. Mrs L. is oriented in place but not in time (she places the interview in 2019). She does not retain a simple piece of information after a few minutes and can no longer state the amount of her pension. Her daughter reports three large unexplained withdrawals and subscriptions taken out by phone; Mrs L. does not remember them and does not see the risk. Fluent speech, stable mood, no delusional features at examination. She dresses, washes and prepares simple meals on her own. A specialist memory assessment is planned; I do not state an underlying diagnosis in this certificate.

Foreseeable course. Difficulties described as progressive over two years. Lasting improvement seems unlikely, without being clearly ruled out at this stage.

Consequences. Mrs L. can no longer manage her budget alone or understand the scope of a financial commitment. She clearly expresses her choices about where she lives and whom she sees. She needs continuous assistance and supervision for major financial acts; representation does not seem necessary for personal matters.

Hearing. Not likely to harm her health, and Mrs L. is able to express her will. A hearing at home, in the morning, would help.

Opinion. Reinforced curatorship covering property seems appropriate to me, for five years. Staying at home remains possible with the home help already in place.

Certificate issued at the request of Mrs Claire L., handed over in a sealed envelope for the sole attention of the public prosecutor or the guardianship judge. Signed in [town] on 16 October 2026.

Hearing, sealed envelope and access to the certificate

Hearing. Under article 432 of the Civil Code, the judge rules after hearing the person or summoning them. The judge may waive the hearing only by a specifically reasoned decision, on the opinion of a doctor on the article 431 list, if the hearing could harm the person's health or if they are unable to express their will. This is why article 1219 asks you to give your view. The HAS asks doctors to keep waiver requests to a minimum (p. 29), and the Cayenne prosecutor’s guidance note says a hearing judged “unlikely to be useful” is not a ground for waiver. We advise basing any waiver on a precise clinical fact.

Sealed envelope. We advise keeping a copy on file.

Access. Article 1222-1 of the Code of Civil Procedure lets the adult, their lawyer and those in charge of the protection consult the court file at the registry. When the request comes from the adult, the judge may, by reasoned order, exclude some or all documents if reading them could cause the adult serious psychological harm. Write each sentence knowing the person may read it.

Durations, review and renewal

• Opening: detailed certificate from a listed doctor. The judge sets the duration, five years at most (article 441 of the Civil Code).
• Longer initial guardianship: up to ten years, by a specifically reasoned decision, on the concurring opinion of a listed doctor finding that the impairment is clearly not likely to improve (article 441). This text only covers guardianship. The service-public.fr curatorship page nevertheless mentions ten years; for a curatorship, we advise proposing five years at most.
• Renewal for the same duration: possible (article 442); according to the 2023 ministerial answer, a certificate from any doctor may be enough if the person can be heard. Renewal is requested with cerfa form 14919*05.
• Longer renewal: up to twenty years, on the concurring opinion of a listed doctor, if the impairment is clearly not likely to improve (article 442).
• Strengthening (from curatorship to guardianship): only on an application meeting articles 430 and 431, so with a new detailed certificate.
• Lightening or ending the measure: the judge rules in light of a medical certificate (article 442).

Cost and reimbursement

Article R. 217-1 of the Code of Criminal Procedure (from decree no. 2008-1485 of 22 December 2008) sets the fee at 160 euros, 30 euros if the person does not cooperate, and 25 euros for the opinion on the hearing (articles 426, 432 and 494-4 of the Civil Code) if it is not in the certificate, plus travel costs on receipts. The text does not mention VAT; according to the Ministry of Justice, 160 euros is before VAT, with 20% VAT depending on the doctor's tax situation. Service-public.fr gives 192 euros.

According to the ministerial answer of 23 April 2024, the certificate cannot be treated as a medical consultation, so French health insurance does not cover it. The protected person pays; if they or their family cannot, the prosecutor or the judge may order it as a court cost.

Family authorisation

Family authorisation (habilitation familiale) lets a close relative (parent, child, sibling, spouse, civil partner, cohabiting partner) represent or assist the person. According to service-public.fr, it requires the same certificate, written by a doctor on the prosecutor's list, or the application is inadmissible. A general authorisation lasts ten years at most; it can be renewed, up to twenty years, by reasoned decision and after the listed doctor's opinion, if the person's condition cannot improve. We advise saying in your opinion whether the family seems able to take on this role. The application, for family authorisation as for guardianship or curatorship, uses cerfa form 15891*03; this form is not the certificate.

Checklist before sealing the envelope

• Listing by the prosecutor stated.
• Full identity, including birth name; date, place and length of the examination.
• The three points of article 1219 under three separate headings.
• Financial and personal acts distinguished; what the person can still do alone.
• Hearing addressed, with a clinical reason if a waiver is requested.
• Opinion on duration reasoned, especially beyond five years.
• Sealed envelope addressed to the prosecutor or the judge; copy on file.

Common mistakes

• A diagnosis without a description. A disease name does not tell the judge what the person can no longer do.
• Forgetting the hearing, which article 1219 asks you to address, or waiving it for convenience.
• “Not likely to improve” without reasons. This wording lengthens the measure.
• Confusing it with non-attendance. According to the HAS, a non-attendance statement does not allow a measure to be opened.

Why Delta suits this certificate

Delta writes letters, certificates and reports in the vocabulary and structure learned from your existing documents: you dictate your findings after the examination, Delta puts them into your outline, you review and sign. Delta does not fill in any official form and does not help with diagnosis. The patient's name is pseudonymised before the AI step, no audio file is kept, and data is hosted in France by an HDS-certified host. See what Delta is, our page for psychiatrists and our guide to choosing psychiatry software.

For your other documents, see all our clinical document templates.

Sources

• Code of Civil Procedure, article 1219, Légifrance, version in force since 25 July 2019 (in French).
• Civil Code, article 432 (hearing), Légifrance, version from the law of 16 February 2015 (in French).
• Code of Criminal Procedure, article R. 217-1 (fee), Légifrance, version in force since 26 February 2016 (in French).
• Curatelle d’une personne majeure, service-public.gouv.fr, checked on 29 July 2026 (in French).
• Accompagner la personne nécessitant une mesure de protection juridique, HAS, recommendation validated in December 2024 (in French).