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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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    • Rights of the incapacitated person
    • Protection of the person
    • Protection of property
    • Role of the Curateur public
    • You are… planning ahead
    • You are a… person of full age under protective supervision
      • Mandate
      • Protection with advisor
      • Private tutorship or curatorship
    • You are a… legal representative
    • You are a… tutorship council
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  • You are a… person of full age under protective supervision
  • Private tutorship or curatorship

You are a person of full age under private tutorship or curatorship

You are under the protection of a tutor or curator. This legal representative appointed by the court has to ensure you are protected, look after your property and exercise your civil rights, in a manner appropriate to your level of autonomy.

Everyone is different. When people can no longer look after themselves, what they can still do on their own varies a great deal from one individual to another. What you are allowed to do alone will depend on the type of protective supervision the court has set up for you. Before reaching a decision, the judge carefully considered various reports prepared by a doctor and a professional from the health and social services network (e.g. a psychologist, a social worker or a nurse). These reports are called medical and psychosocial assessments.

Your incapacity is only partial or temporary

Your right to information

You are entitled to be informed about decisions your tutor makes concerning your property. In particular, your tutor has to give you a copy of the annual administration report that they provide to the tutorship council and the Curateur public. In addition, they have to give you any supporting documents at your request.

In this case, you are in one of the three situations described below.

  • You are able to look after yourself, but are no longer able to take care of your affairs or perform everyday transactions. Banking, tax returns, investments and so on have become too difficult for you. Your tutor to the property gives you the help you need with collecting your income and paying your expenses.
  • You are no longer able to look after yourself. Your tutor to the person has to ensure your moral and material well-being.
  • You are no longer able to look after yourself OR your property. The court has appointed a representative to look after you and administer your property. This person is the tutor to the property and to the person. You may also have two legal representatives who share these two functions.

Whatever your situation, you can also rely on a tutorship council, which assists your legal representative and supervises them.

Your incapacity is total and permanent

WARNING! If you are under curatorship, you are no longer allowed to perform administrative transactions on your own, e.g. signing a contract. Your curator, who is your legal representative, is the only person allowed to act on your behalf.

If you are totally and permanently incapacitated, you are under curatorship to the property and to the person. The court has appointed someone to protect you and legally represent you. As with a tutorship, it may be that two curators have been appointed, one to administer your property, the other to look after you.

A tutorship council helps your curator and supervises their administration. You can rely on it to see you are being properly looked after.

The Curateur public, your file and the registers

As soon as your protective supervision comes into force, it is listed on the Curateur public's protective supervision registers. These registers can be consulted on the Internet by anyone who wants to know if you are under protective supervision.

The Curateur public also opens a file in your name. A staff member will be in charge of it and you can contact them if you require any information.

Re-evaluation of your protective supervision

If there is a change in the protected person's condition, the protective supervision may be reviewed sooner.

The protective supervision under which you have been placed has to be reviewed:

  • every three years if it is a tutorship

  • every five years if it is a curatorship

After you have undergone a medical and psychosocial assessment, one of three things will happen:

  • the tutorship or curatorship will be maintained; or

  • your protective supervision will be modified to give you the amount of protection you need; or

  • your plan will be abolished because you have regained your autonomy.

See also: Person under a legal protection measure; Protection of the person; Obligations of the legal representative; Protection of property; Obligations of the legal representative; Registers of protective supervision.
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Last modification: 2010-01-08
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