Council of State Validates Externalization of Guardianship Account Audits
The French Council of State has upheld the externalization of audits for guardianship accounts while ensuring protection for individuals with limited resources. This decision, rendered on May 29, 2026, addresses the legal framework established by the decree of July 2, 2024, and the subsequent orders of July 4, 2024, which transferred the oversight of guardianship accounts from public entities to private operators.
Background of the Decision
The Inter-federation of Legal Protection of Adults (IF-PJM), alongside the National Association of Judicial Representatives for the Protection of Adults (ANMJPM), challenged the decree and orders, arguing that the externalization could impose undue financial burdens on protected individuals, particularly those with minimal resources. The Council of State's ruling validates the principle of externalization but annuls the specific provision that would have imposed fees on individuals whose resources do not exceed the amount of the Active Solidarity Income (RSA), citing a violation of the principle of equality.
Implications for Protected Individuals
This ruling ensures that while the management of guardianship account audits can be outsourced to private entities, individuals with limited financial means are shielded from additional costs. The IF-PJM has expressed satisfaction with the decision, emphasizing its commitment to safeguarding the rights and interests of the most vulnerable populations.
Reactions from Stakeholders
The IF-PJM reaffirmed its dedication to rigorous and transparent oversight of guardianship accounts, highlighting that such controls are essential for protecting the interests and rights of protected individuals, regardless of their financial status. The organization continues to advocate for measures that prevent the transfer of public service responsibilities to private operators in ways that could financially burden those under protection.
For more detailed information, you can refer to the original communiquéfrom the Union Départementale des Associations Familiales de La Réunion (Udaf 974) here: Udaf 974 Communiqué
