Curateur public du Québec

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Application to Institute Protective Supervision: Improved Forms

(April 4, 2014) The medical and psychosocial assessments that precede an application to institute protective supervision are a crucial step in the process. The Curateur public has updated three forms used by physicians and social workers to indicate a person's need for protection.

The forms (medical assessment and psychosocial assessment) and the Opinion of the Director General of an institution were revised with a view to:

  • obtaining all the information required to recommend the most appropriate form of protective supervision for an incapacitated individual, including a more detailed assessment of their remaining capacities
  • ensuring that the evaluators have a better understanding of the impact of the process on the person who is concerned by the assessment
  • clarifying certain aspects (degree, duration, capacity to give consent and legal competency, social and civil roles, need for representation, etc.).

The revision process involved a large consultation of many groups and individuals including the Comité de protection et de représentation du Curateur public, Collège des médecins, Ordre des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec, Chambre des notaires, Clerks of the Ministère de la Justice, and 20 physicians in the regions of Montréal and Québec City.

If you want more information about the new forms, you will find an article on the subject in the March 2014 issue of Le Point (PDF in French only).

Statement of Services to Citizens

(April 1, 2014) On April 1, 2014, the Curateur public announced its new Statement of Services to Citizens (SSC), the third since the Public Administration Act came into force in 2000.

The SSC now addresses not only incapacitated persons, but also tutors, members of tutorship councils, curators, and the general public. The language is straightforward, reflecting the importance given to clear communications. The more direct tone and accessible language are part of a concerted effort to thoroughly inform readers.

The SSC evokes the Curateur public's values, among them competence, empathy, open-mindedness, and respect; and its principles, including the safeguarding of incapacitated persons' autonomy.

Statement of Services to CitizensDocument PDF. (911 ko)

Voting rights of incapacitated individuals

Clarification

(March 21, 2014) As mentioned in the news item dated March 18, 2014, seen below, individuals under tutorship whose mandate has been homologated can exercise their right to vote in the provincial election on April 7th.

Qualified electors usually exercise their right to vote on their own. If necessary, they can get help to go to the polling station and show their identification papers. Those with physical disabilities may be accompanied into the voting booth.

The person who accompanies them (legal representative, family member, friend, or health network employee) must ensure that the represented individual votes in accordance with their personal convictions. Under no circumstances may he or she vote for the represented individual.

Provincial Election and the Right to Vote

(March 18, 2014) According to the Québec Elections Act, persons of full age who are under protective supervision in the form of tutorship may vote in the provincial election on April 7, 2014; persons who are under curatorship do not have this right. There are no laws that prevent individuals with homologated mandates from exercising their right to vote. For more information about the legal capacities of incapacitated persons with regard to the various types of elections, see this chart: Right to Vote of Persons Under Tutorship or Curatorship This link will open in a new window..

Qualified electors usually exercise their right to vote on their own. If necessary, they can get help to go to the polling station and provide their identification papers. Those with physical disabilities may be accompanied into the voting booth.

The website of the Directeur général des élections du Québec This link will open in a new window. is a good source of information on the candidates, ridings, regulations, revision offices, advance voting, and voting on Voting Day.

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