Tutorship council

The setting up of a tutorship council is compulsory in the following cases:

tutorship by the parents (legal tutorship), if the value of the child's property exceeds $25,000;
all dative tutorships.

The role of the tutorship council is to:

supervise the administration performed by the tutor to a minor child, whether this tutor is legal or dative;
assist them in their task;
give them authorizations;
provide opinions to the court about the administration of certain property.

The council may even represent the child in situations in which the tutor is in conflict of interest. The council also decides what security the tutor has to provide if the value of the administered property exceeds $25,000.

Who may ask for a tutorship council to be set up?

When the court is asked to appoint or replace a tutor, it may order a tutorship council to be set up.

The following people have the obligation to do so:

the parents, if the value of the child's assets exceeds $25,000;
the dative tutor designated by the parents in a will, a declaration filed with the Curateur public, or a mandate in case of incapacity.

Anyone interested in the child's well-being, including a potential creditor (e.g. if an estate is being liquidated) may also ask for a tutorship council to be set up.

No tutorship council is set up if the role of tutor is assumed by the Director of Youth Protection at a Centre de jeunesse du Québec, someone recommended by the Director, or the Curateur public.

What is the procedure?

Whoever initiates the request should contact a lawyer or notary. The application will then be filed with the clerk of the court in the district in which the child resides, and the meeting of relatives will be called. This meeting will suggest who should sit on the tutorship council and act as secretary.

Composition of the tutorship council

In addition to the parents, the court, under exceptional circumstances, may rule that a tutorship council be composed of a single member (family members live too far away, specific family situation, etc.). The designated person shall not necessarily be a family member.

A tutorship council usually consists of three members chosen from both sides of the child's family (maternal and paternal).

The tutor is not allowed to be a member of the tutorship council, but must be invited to the meetings. The child may also be invited.

If the parents request it

When the parents have asked for a tutorship council to be formed, they have the option of:

having three members designated by a meeting of the relatives;
asking the court to appoint a single member; in this case, there is no need to call a meeting of the relatives.

The law does not allow a tutorship council to be set up with two members, because it may not function properly in the event of disagreement.

Nobody is obliged to agree to sit on a tutorship council EXCEPT the Director of Youth Protection at a Centre de jeunesse du Québec and the Curateur public. Any member may ask to be relieved of their duties.

Remuneration

Being a member of a tutorship council is an individual duty. It is not transferable and is performed free of charge. Only the secretary may receive remuneration. The amount is usually set by the meeting of relatives and approved by the court.