Obligations of parents or tutor to property

The tutor must separate administration of the property in their care from that of their own property, even if:

they are the mother or father;
ownership of the property is shared by the tutor and the child (e.g. a house).

Whether they are the mother, the father (legal tutors) or the dative tutor, the tutor is responsible for:

protecting the child's patrimony in order to remit it to them when they attain majority at the age of 18, or when they are emancipated, whatever the value of this patrimony;
representing the child by exercising their civil rights in connection with any actions concerning their property (e.g. instituting legal proceedings on the child's behalf to recover an unpaid debt).

Setting up a tutorship council

Both dative tutors and parents are responsible for asking the court to set up a tutorship council:

the dative tutor must do so upon taking up their position, if they were designated by the parents;
the parents must do so if the child's patrimony is worth over $25,000.

Inventory of property and security

When tutorship to the person and tutorship to the property is exercised by two different people, the inventory of property should also be given to the tutor to the person.

Parents must prepare an inventory if the value of the property administered from the start of the tutorship exceeds $25,000. The dative tutor has to prepare an inventory whatever the value of the child's patrimony.

Both types of tutors have 60 days in which to give the inventory to:

the tutorship council;
the Curateur public;
the child, if they are 14 or older.

This very useful document will be a source of information for the child when they attain majority or are emancipated and their tutor gives them the final administration report.

If the child's property is worth under $25,000, the tutor does not usually have to provide security.

The parents and dative tutor also have to take security to guarantee their administration when the value of the property administered exceeds $25,000. This security is determined by the tutorship council and ensures the child's patrimony is protected.

Reporting obligation

As shown in the table at the end of this page, the reporting obligation depends on the value of the child's patrimony and the type of tutorship (legal or dative). Every year until their responsibility ends, the parents and dative tutor have to submit an administration report to the people who received the inventory.

The parents and dative tutor should also be able to provide supporting documents (invoices, receipts, etc.) upon request.

Tutorship by parents and patrimony of $25,000 or less

Civil Code: Administration report and patrimony of $25,000 or less (article 1363)

In this case, the parents (legal tutors) are not obliged by law to provide periodic administration reports, unless the court decides otherwise. However, they are advised to:

Even if the property administered is worth less than $25,000, the parents have to give the child a final administration report when the child turns 18.

set up an accounting file;
have separate bank accounts for the child;
keep all supporting documents to give to the child when they turn 18.

In addition, the Curateur public may ask them for reports if it receives a valid complaint about their administration or if a court decision requires these reports.

If the child will be incapable of looking after themselves at full age

Formalities may be undertaken before the child reaches full age to ensure that at the age of 18, they are placed under legal protective supervision for persons of full age. Once the protection has been opened, the final administration report must also be given to the tutor or curator appointed by the court to protect the child who is now of full age. The Curateur public should also receive a copy if it does not already have one.

End of tutorship and final report

The tutorship ends when the child reaches full age (18) or obtains emancipation. At that time, the tutor must give them a copy of their final administration report. The tutor must also give this report to the tutorship council and the Curateur public if their administration is under supervision.

The report must be sufficiently detailed to allow it to be verified. The child must have accepted it before their property is remitted to them.

Summary of tutor's obligations

**Patrimony of $25,000 or LESS**
Type of tutorship	Inventory	Security	Annual report	Final report
Tutorship by parents	NO	NO	NO	YES (to child only)
Dative tutorship	YES	NO	YES	YES

Patrimony of OVER $25,000
Type of tutorship	Inventory	Security	Annual report	Final report
Tutorship by parents	YES	YES	YES	YES
Dative tutorship	YES	YES	YES	YES