Civil Code of Québec and the role of the tutorship council

Whether the protected person is a minor or a person of full age, the Civil Code of Québec (articles 222 to 280) gives the tutorship council the following roles and responsibilities:

Regarding the protected person

Article	Roles and responsibilities	Remarks
222	Ensure the legal representative looks after the person's well-being	Accommodation, safety, food, care, activities, etc.
11 and seq.	Advise the court	About authorization of care, removal of tissue from the body or an experimental procedure

Regarding their property

Supervisory role

Article	Roles and responsibilities	Remarks
236 and 240	Ensure the legal representative prepares an inventory	Obtain a copy of the inventory
236	Ensure the legal representative provides and maintains security	When value of patrimony exceeds $25,000
236 and 246	Obtain a copy of the annual report	Consult supporting documents and obtain a copy of them
222	Supervise the legal representative's administration	Income, expenditures, investments, administration of building, etc.
234	Annual meeting	Invite legal representative
247	Obtain a copy of the final account
251 and 297	Apply for replacement of the legal representative	If they are unable to perform their duties, fail to fulfil their obligations, or die
Art. 235	Have a tutor ad hoc appointed	To ensure proper representation of the minor if their interest conflicts with that of their tutor

Decisional powers and authorizations

Article	Roles and responsibilities	Remarks
242	Determine the nature and object of the security	Hold funds, mortgage or suretyship
245	Release the security	Advise the Curateur public, giving the reason
213	Sell property or contract a substantial loan (tutorship)	Authorization of the tutorship council when the value do not exceeds $25,000
211	Accept a gift with charge (i.e. involving an obligation)	For tutorships
638	Authorize the renouncing of a succession
219	Decide on the amounts required to pay the expenses of the tutorship	In the event of disagreement between the legal representative looking after the property and the one looking after the person
167	Authorize emancipation of the minor
212	Authorize the tutor to lodge or pursue an appeal
233 and 275	Consent to an act	When the rules respecting administration of another person's property stipulate that the beneficiary must or may consent to an act, obtain advice or be consulted (e.g. disposing of furniture, relinquishing rights to accommodation)

Advisory role

Article	Roles and responsibilities	Remarks
183 and 184	Remuneration of the representative	Amount set by the court
213	Sell property or contract a substantial loan (tutorship)	Advise the court when the value exceeds $25,000
168	Emancipate a minor	Granted by the court

Miscellaneous

Article	Roles and responsibilities	Remarks
228	Take and keep the minutes; preserve the records	Secretary
239	See that the records are preserved	Give them to the minor who has attained full age or their heirs
229	Replace a member	Select one of the substitutes (called "alternates" in the Civil Code) designated in the judgment; if there is none, select a person from the same branch of the family or a friend