Opening of protective supervision

How the Curateur public intervenes:

Throughout the process leading to the opening of protective supervision, the Curateur public is at the disposal of the family of the person presumed to be incapacitated, to answer their questions.
In the case of private protective supervision, the Curateur public examines the request and the medical and psychosocial assessments, to ensure they comply with the law and serve the interests of the person in need of protection. If the Curateur public believes they do not or receives information suggesting that the person will not be properly protected, it has the power to intervene at any stage of the judicial process to express its opinion and protect the person's interests.

The initial request for a medical and psychosocial assessment usually comes from a health institution. The assessment is sent to the Curateur public with the director general's report. If the Curateur public agrees with the conclusions, it takes careful note and keeps track of the file until the judgment is handed down.

If the Curateur public is in any doubt about the case, it will analyze it further and contact all the parties involved before making a decision or intervening in court.

The Curateur public's right of initiative

Under the Public Curator Act, the Curateur public may request the opening of protective supervision if the person in need of protection is socially isolated or if none of their relatives initiates the process.

The Curateur public addresses its request to a clerk or judge of the Superior Court and makes recommendations about:

what type of protective supervision is most appropriate;
who should act as the person's legal representative.