Obligations of an administrator other than a tutor

Sometimes the tutor (parent or dative tutor) does not look after all of the child's property because some of it is administered by someone else. This other person may be:

an estate liquidator;
a trustee;
some other administrator (e.g. a person looking after the amounts paid to a child beneficiary of life insurance or another indemnity).

All these people must act with the same vigilance, loyalty, prudence and honesty as the tutor.

Simple or full administration?

Simple administration involves conserving and maintaining the value of the child's property while making presumed sound investments.

A person with full administration has broader powers: these involve building on the child's patrimony wherever possible, and in the child's interests. Provided they are not in conflict of interest, an administrator with these powers does not require specific authorization to:

loan, sell or mortgage the child's property;
change its use or composition;
make all types of investments.

Obligations of administrator

The administrator manages the property entrusted to them based on powers of simple or full administration:

in accordance with the document appointing them (will, contract, insurance policy, deed of trust);
in the absence of specific instructions, in accordance with the provisions of the Civil Code (article 1354).

Estate liquidator and trustee

The above administrators do not have to submit reports, unless the will or deed of trust obliges them to do so.

However, they are answerable about their administration to the tutor, at the tutor's express request, because the tutor retains the right and obligation to ensure the child's interests are protected.

Other administrator

Civil Code: Supporting documents (article 1354)

If the deed appointing them does not specify their powers, an administrator other than a trustee or liquidator has the same rights and obligations and the same simple administration powers as the dative tutor to the property.

Among others, they must:

set up a tutorship council;
submit an inventory, annual reports and a final report to both the tutorship council and the Curateur public, whatever the value of the assets administered.
take security, if the assets are evaluated at over $25,000.

Tutorship to property exercised by the Curateur public

When it acts as dative tutor to the property, the Curateur public has the same monitoring obligations as a private tutor in relation to a trustee, an estate liquidator or any other administrator.

Obligations of a tutor to the property

The dative tutor and the parents (legal tutors) have no reports to produce about property administered by other people. However, as the child's legal representative, the tutor must make sure that these other persons are acting in the child's interests and not overstepping their powers. The tutor may take the appropriate measures to ensure the administrator fulfils their obligations; if these measures are unsuccessful, they may ask the court to replace this person.