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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
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    • You are a… minor child
    • You are… parents or dative tutor
    • You are a… tutorship council
    • You are a… donor, liquidator, insurer
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  • Public tutorship

Public tutorship to the property of minors

The Curateur public is made responsible for exercising tutorship to the property of minors who have no tutor by court decision, when:

  • the child has no family, and no tutor was appointed on the death of the parents;
  • the mother or father have been deprived of their parental authority by the court;
  • legal or dative tutors are not performing their duties properly.

The Curateur public may automatically and temporarily assume the role of private tutor to the property pending the appointment of a replacement, if the existing tutor dies, goes bankrupt or is placed under protective supervision after losing their faculties.

Administering the minor's property and defending their interests

The Curateur public has the same responsibilities as a private tutor to the property and is under the same obligation to act with honesty, prudence and loyalty. It has to ensure protection of the minor's property and represent them by exercising their civil rights in all matters concerning their property.

The Curateur public exercises powers of simple administration, like a private tutor. However, it does not have to set up a tutorship council.

This means it has to:

  • make an inventory;
  • collect government or other allowances and indemnities to which the child under its protection is entitled;
  • conserve and maintain the real estate owned by the child;
  • manage the child's investments;
  • prepare the child's tax returns, if necessary.

End of tutorship by the Curateur public

The Curateur public exercises the tutorship until the child reaches majority or is emancipated, or until a relative undertakes the necessary formalities with the court to take over the tutorship.

See also: La simple administration des biens.
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Last modification: 2010-01-08
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© Gouvernement du Québec, 2002