Tutorship council

Tutorship council with one member

Exceptional cases may arise where it is impossible to find three members. The court may then appoint one person or the Curateur public (if all the relatives live too far away, for example) to act as tutorship council.

The tutorship council is set up during the legal process for opening of protective supervision. It usually consists of three members suggested by the family meeting and appointed by the court.
The tutorship council usually has members from both sides of the family (maternal and paternal).
A secretary and two alternates are designated at the same time.

Interventions by the tutorship council

At various points during administration of the protective supervision, the tutorship intervenes to:

assist the council legal representative;
give them advice or authorizations as required by law;
advise the court on various matters (e.g. sale of property worth more than $25,000 or setting remuneration for the legal representative);
supervise the legal representative's administration;
determine the nature and object of the security that the tutor or curator has to provide;
meet at least once a year and invite the legal representative to attend;
ask the court to replace the representative if they prove unable to perform their duties or fail to fulfil their obligations.

The tutorship council must also keep safe the documents pertaining to the protective supervision, including the minutes, and give them:

to the represented person, if they regain their capacity;
to the person's heirs, if they die;
to the representative's replacement, where applicable.