Public protective supervision

The court appoints the Curateur public as tutor or curator to an incapacitated person when:

the person has no family or is isolated;
the person's relatives refuse or are unable to perform this role.

For the Curateur public, representing an incapacitated person involves:

looking after their well-being while preserving their autonomy;
ensuring their civil rights are exercised;
administering the person's property because they are unable to do so themselves.

Getting to know the incapacitated person

A member of the person's family or immediate circle may act as legal representative to the person (looking after their moral and physical well-being), while the Curateur public acts as legal representative to the property (administering it).

To perform its role effectively, the Curateur public needs to know the person it is representing. Upon receiving the court judgment, the Curateur public starts to find out all about the person, their environment and their property.

As legal representative of an incapacitated person, the Curateur public must always act in the person's best interests and safeguard their autonomy.

It establishes a direct relationship with the incapacitated person and, wherever possible, their family, their friends and anyone dealing with the person (health and community workers, financial institution, etc.). The Curateur public also determines exactly what the person's needs are, based on their medical and psychosocial assessments, and devises an action plan to address these needs. The person's best interests remain the prime concern.

Tutor or curator

When it becomes a person's legal representative, the Curateur public may be appointed as tutor or curator to the person, the property, or both.

If the person's incapacity is partial or temporary, the Curateur public acts as their tutor. If they are totally and permanently incapacitated, the Curateur public acts as their curator.

How does the Curateur public administer the property of an incapacitated person?

The Curateur public:

Whether it is acting as tutor or curator to the property, the Curateur public has powers of simple administration.

makes an inventory of the person's property;
collects all of the person's government and other allowances on their behalf;
pays the person's accommodation costs and everyday expenses;
manages any contracts entered into by the person, insofar as their available income permits;
preserves and maintains any real estate owned by the person;
manages their investments;
prepares their income tax returns.