Judicial acts a protected person may perform

Although adults under legal protection are affected by varying degrees of incapacity, they may be allowed to perform various judicial acts; sometimes they may do so alone, and sometimes they require authorization. A few examples are given here. For more details, see the Civil Code of Québec.

Person under tutorship

Annulment of an act with legal significance

If a person under tutorship performs an act that was supposed to have been performed by their representative, it is possible to have it annulled. However, annulment is only possible if it can be proved that the act has caused the person harm. If necessary, the legal representative may hire a lawyer for this purpose; the fees are paid by the represented person.

If the act took place before the opening of protective supervision, proof is required of the person's incapacity at the time.

A person under tutorship may:

get divorced;
get married, with the authorization of their tutor, and on the advice of the tutorship council;
agree to be adopted by the people who acted as their parents while they were a minor;
make a will, but must have its validity confirmed by the court on presentation of a medical certificate or a sworn statement by disinterested witnesses;
manage the proceeds of their work (salary or other remuneration);
accept a donation of little value or everyday gifts;
exercise their right to vote in federal, provincial, municipal or school board elections (including referendums).

Generally speaking, the person is not entitled to sign a contract. Moreover, a person of full age under tutorship to the person is not allowed to make donations.

Person under curatorship

If a person under curatorship performs an act with legal significance when they should have been represented, the act may be annulled without proof of harm.

Curatorship is the most restrictive form of protective supervision. The only acts the incapacitated person MAY accomplish are as follows:

exercise their right to vote, in federal elections only;
agree to be adopted by the people who acted as their parents while they were a minor;
declare bankruptcy with the court's authorization, if this is in their best interests.

They may not:

sign a contract;
make a will (if they did not make a will before they were placed under protective supervision, their estate will be settled according to the Civil Code);
exercise their right to vote in provincial or municipal elections;
accept or give a donation.

Person protected by a mandate

Homologated mandate: mandate that has come into force following confirmation of the mandator's incapacity and the authorization of the court.

An act executed by a person under mandate is legally valid unless it can be proved that they were unable to give free and informed consent. The court then decides whether the person had the mental capacity to accomplish such an act at the time they drew it up.

A person under homologated mandate is in a special position. Because they are not regarded as legally incapacitated, the only restrictions on them as regards exercising their rights are the ones they imposed upon themselves in their mandate. They retain their right to vote and may exercise their other rights, insofar as they understand the meaning and scope of their acts. Therefore:

if the person wishes to enter into a contract, it is advisable for them to discuss it beforehand with a lawyer, in the presence of their mandatary (and if necessary, a physician), to ensure that no action can be taken later on disputing the validity of the agreement;
if they make a will that is not a notarial will, it should be subject to the usual rules of verification (holograph will or will made in the presence of witnesses).