Simple administration of property

The Civil Code of Québec set outs detailed rules for interventions by a tutor to the property. The tutor may accomplish certain acts alone but for others they must ask the tutorship council or even the court for authorization. Their powers are limited to what the Civil Code calls simple administration powers.

What the tutor is allowed to do without authorization

Based on the principles and guidelines set out elsewhere on this website, the tutor may accomplish alone acts designed to conserve the child's property until the child attains majority. Among others, the tutor may:

Personal loans are not presumed sound investments under the Civil Code of Québec.

have repairs done to a piece of real estate (house, apartment, etc.);
lease out a property and collect the rent;
demand and collect payment of debts owed to the child;
take out insurance on the minor's property;
invest money they administer in investments that are presumed sound under the Civil Code of Québec (otherwise they will automatically be held liable in the event of loss);
accept a donation worth $25,000 or less that does not involve any particular obligations.

Acts for which the tutor must seek authorization

In some situations, the tutor to the property is not allowed to act alone. Among others, the tutor may not sell without authorization an item of the child's property unless this property is likely to lose value rapidly (e.g. a car bequeathed to the child when they are very young). The same applies to a number of other acts.

Authorization of the tutorship council

The authorization of the tutorship council is required in the following situations:

renouncing an inheritance on behalf of the child;
reaching an arrangement to end a dispute or appealing a case on behalf of the child;
contracting loans or making sales that jeopardize sums of money that are major in terms of the child's patrimony, but less than or equal to $25,000;
causing the permanent division of a piece of real estate held by the child in undivided co-ownership when the value of the transaction does not exceed $25,000;
giving property as a guarantee;
acquiring an item of property worth $25,000 or less from the child.

The tutorship council also has to give its authorization when the tutor has to accept a donation involving obligations (or charges).

Example

An uncle gives the child a building with the obligation to house him and finish paying the mortgage.

The following people have to obtain these authorizations:

the parents, but only if the child's patrimony is itself evaluated at over $25,000;
the dative tutor, whatever the value of the patrimony.

Authorization of the court

This is required when the value of the transaction is over $25,000, among others for:

contracting a bank loan;
selling a major family asset, house, piece of land, company;
mortgaging a piece of real estate;
causing the permanent division of a piece of real estate held by the child in undivided co-ownership;
acquiring an item of the child's property worth over $25,000.

In reaching a decision, the court will consult the tutorship council.

Prohibited acts

The tutor may not accomplish alone any act that would place them in conflict between their own interests and their obligations as tutor. In particular, they must not:

use a piece of the child's property free of charge (e.g. reside in the house belonging to the child without paying the child rent);
renounce a right if doing so would reduce the child's patrimony (e.g. forgiving the debt of a person who owes the child money).