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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
    • Legal formalities
      • Opening protective supervision
      • Homologation of a mandate
      • While waiting for protection
    • Rights of the incapacitated person
    • Protection of the person
    • Protection of property
    • Role of the Curateur public
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    • You are a… person of full age under protective supervision
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While waiting for protection

Provisional administration (articles 272 and 274)
Simple administration of the property of others (article 1301 and ...)

The legal process for opening of protective supervision or homologation of a mandate may take months. What should you do meanwhile?

If the accommodation, financial arrangements and medical care of the person presumed to be incapacitated are already in place, this is often sufficient to ensure they are protected; emergency legal measures are not required.

There are various ways of protecting the person's property in the interim, depending on their marital status. These include:

  • Management of another's affairs;
  • Domestic mandate;
  • Administration by a third party.

Legal means of protecting the person

Provisional administration. The court may order the person to be placed in care if they are clearly unable to look after themselves and need to be in care to protect them from harm.

The court may also temporarily appoint an individual or the Curateur public to protect the person or represent them in exercising their rights, if a request for the opening of protective supervision is imminent.

Legal means of protecting their property

The Civil Code of Québec and various legislative provisions also set out interim protection measures for a presumed incapacitated person in urgent need of protection. These measures are:

  • judicial mandate;
  • provisional administration. The court may appoint someone to provisionally administer the property of a person of full age within the limits of simple administration of another's property. Under certain specific conditions, the Curateur public can act as provisional administrator.
See also: Simple or full administration; Person without legal protection measure

 

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Last modification: 2010-01-08
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