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Le Curateur public du Québec
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  • Protection of persons of full age
    • Incapacity and the need for protection
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    • You are… planning ahead
    • You are a… person of full age under protective supervision
    • You are a… legal representative
    • You are a… tutorship council
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  • You are a… tutorship council
  • Role and responsibilities

Role and responsibilities of the tutorship council

As the tutorship council, your role is to ensure:

  • that the tutor or curator to the person of full age is acting in the person's interests;

  • that they are making the right decisions for the person's physical, moral and material well-being;

  • that they are fulfilling their obligations under the Civil Code of Québec.

Protecting and exercising the represented person's rights

As tutorship council, you have to see that the tutor or curator is accomplishing their duties properly and making the right decisions. If they have to take action to defend the incapacitated person's rights, make sure they do so at the appropriate time.

Supervising the legal representative's administration

Documents given to the tutorship council by the legal representative

You must receive the original or a copy of the following documents:

  • Inventory of the protected person's property

  • Annual administration reports

  • Any related supporting documents and vouchers that you request

  • Final account at the end of the administration

The tutorship council is also required to supervise the administration of the tutor or curator and assist them. In the case of a tutorship, your authorization is required for:

  • the sale of an item worth less than $25,000

  • the disposal of the protected person's furniture

  • the renouncing of an inheritance

and in all other cases provided for by law.    

Advice and decisions

By law, you have to give advice and make decisions in certain situations. This includes advising the court about:

  • consent to care required by the protected person's state of health, if the court receives an application requesting authorization for care

  • the sale of property worth more than $25,000 (tutorship only)

  • remunerating the legal representative

Replacement of the legal representative

If the tutor or curator is no longer able to perform their duties, if they die or if they do not fulfil their obligations, you may ask the court to replace them. 
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Last modification: 2010-01-08
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