Some advice

One of your duties is to make decisions about the property of the person under your protection. While each case is different, the examples below should help to get you started. The questions addressed are the ones most often put to Curateur public personnel in charge of private protection plans.

But always remember that any decision you make should adhere to these two principles:

the wishes of the person whose property you are protecting, insofar as the person is able to express them;
the safeguarding of their interests.

Family home

If the person whose property you are protecting owns the home in which they live:

Are they able to remain in this home with or without help? Do they want to?
If their state of health means they have to be placed in care, what do they want to do with their home? If the person was the family breadwinner, can their spouse or children continue to live there? Are they able to share the costs?
Does the person need the money that would be raised by selling the home or renting it, to pay for their accommodation elsewhere? Would their home fetch a fair price In today's market or would it be better to wait?

The person remains in their own home. Your administration will involve paying the bills (hydro, telephone, gas, cable, municipal and school taxes, water, etc.) and ensuring the property is maintained from the person's income.

The person has to be placed elsewhere. You will need to organize the move, clear the house, and rent or sell it, either directly or through a real estate agent.

Rental apartment

If the person whose property you are protecting is a tenant:

Do they want to stay in the same apartment?
Are they able to do so?
Do they need a home help?

If the person has to be placed elsewhere. The tutor or curator to the person – if you were not appointed to both functions – has to undertake the formalities for finding them somewhere else to live. The CLSC will be able to help. You have to terminate the lease with the landlord, unless the diagnosis suggests that the person will be fit to return home within the year and their financial position means they can afford to pay both the rent and the cost of staying at a health institution. However, their furniture and personal effects have to be stored elsewhere until they move back home.

Vehicle

If the person under your protection owns a car:

Are they still able to drive it?
If not, what options are open to you, based on your discussions with the person and their family?

You leave the vehicle for use by the spouse or another family member, for transporting the person.

You put the vehicle in storage until the person is once again able to drive it.

You sell the vehicle before it loses too much value.

Furniture and personal effects

The Civil Code of Québec prohibits the sale or donation of personal effects unless there are COMPELLING REASONS for doing so.

Is the person under your protection leaving their home? Under the Civil Code of Québec, you have to keep their furniture and personal effects available for them.

However, if it is clear that they will never again be able to look after a home independently, and that their furniture needs to be sold to pay for their accommodation, you are allowed to sell it.

If you are a tutor

You have to obtain the authorization of your tutorship council before selling any of the furniture.

If the same price can be obtained, it is thoughtful to give the family first refusal when selling the furniture. The proceeds will increase the liquid assets of the person under tutorship or curatorship.

Inheritance

If the person under your protection inherits various assets (real estate, stocks and bonds, money, valuable family heirlooms):

How much are the assets worth?
Are there any debts?
How will accepting the inheritance be to the person's advantage?
In view of all these facts, should you accept or refuse the inheritance?

You accept the succession. Once the estate has been settled, you will administer the inherited assets.

You renounce the succession. You have to do this in a notarial deed and only after you have been authorized by the tutorship council. You or someone else will also need to take care of various formalities with Revenu Québec's unclaimed property division, if all the heirs decide to renounce their inheritance.