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Le Curateur public du Québec
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  • Protection of persons of full age
  • Tutorship to the property of a minor
    • People involved
    • Protection of property
    • Rights of the minor
    • Role of the Curateur public
    • You are a… minor child
      • Property worth more than $25,000
      • Exercising your rights
      • What you are allowed to do
      • Remittance of your property
    • You are… parents or dative tutor
    • You are a… tutorship council
    • You are a… donor, liquidator, insurer
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  • Tutorship to the property of a minor
  • You are a… minor child
  • Property worth more than $25,000

Is your property worth more than $25,000?

Security

The tutorship council decides how much security (a kind of insurance) your parents or dative tutor have to provide to guarantee their administration, if your property is worth more than $25,000.

If you are a minor and own property worth more than $25,000, your parents, as legal tutors, do not look after your property all on their own; they are assisted by a tutorship council. This council is a group of people, usually three of your relatives.

What does the tutorship council do?

Along with your parents, the tutorship council plays an important part in administering your property and exercising your rights. The tutorship council has to:

What if your tutor does something on their own for which they are supposed to get permission from the tutorship council or the court?

If it is something that needed the authorization of the tutorship council, you can have it cancelled by the court or have the conditions made less demanding, if you can prove that what your tutor did has caused you harm. If it is something that needed court authorization, you can have it cancelled without having to show that it has caused you harm.

  • help your mother and father in their task as tutors by advising them;
  • give the authorizations required by the Civil Code of Québec if your parents want to take out a bank loan or sell property for $25,000 or less (if a bigger sum is involved, your parents have to ask for the authorization of the court and get advice from the tutorship council);
  • make sure that your parents are managing your property correctly - one way the tutorship council does this is by checking the report that your parents have to hand in once a year.

The members of the tutorship council have to meet at least once a year, and they may ask you to come to the meeting.

Do you have a dative tutor? If you do, the tutorship council does exactly the same as described above, and there is always a tutorship council, whatever the value of your property.

Vous avez un tuteur datif ? Le rôle du conseil de tutelle est identique, et celui-ci doit être constitué quelle que soit la valeur de vos biens.

Le Curateur public du Québec

The Curateur public does the same kind of thing as the tutorship council:

  • it advises and helps your parents or dative tutor, to make it easier for them to do everything properly; it also makes sure they are doing whatever they are supposed to;
  • it supervises their administration by checking the report they have to hand in every year at the same time as they give it to the tutorship council.

The Curateur public is also allowed to investigate if the report shows there is some kind of problem, or if someone reports that something is wrong. It can then take the necessary steps to correct the situation. And if the Curateur public is not able to put things right, it can ask the court to replace your parents or dative tutor with someone else.

See also: Parents or legal tutors;  Specific responsibilities of tutorship by parents; Dative tutor to property; Obligations of parents or tutor to property; Simple administration of property.
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Last modification: 2010-01-08
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