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How the tutorship council functions
A tutor or curator is not allowed to be a member of a tutorship council.
Under exceptional circumstances, the tutorship council may consist of only one person.
A tutorship council is usually made up of three members. They are appointed by the court when it places the protected person under tutorship or curatorship, on the recommendation of the meeting of relatives and other people in the incapacitated person’s immediate circle (relatives by marriage and friends).
Two alternates are appointed at the same time.
Secretary
The secretary is appointed by the court when it institutes protective supervision. The position may be held by one of the three members of the tutorship council or an additional person. The secretary may receive remuneration determined by the council. This remuneration must be authorized by the court.
The secretary takes the minutes of the meetings.
Meetings
For holding your meetings, you may use any means that allows all the members to communicate with each other instantly (e.g. conference call).
The tutorship council is required to meet at least once a year and invite the tutor or curator to attend. If you wish, you may also invite the protected person.
Decisions
Decisions are made by majority vote.
Who keeps the documents?
The tutorship council is responsible for looking after all the documents concerning the tutorship or curatorship and for giving them to:
the protected person, if they regain their capacity;
the heirs of the protected person, if the person dies;
the person appointed to replace the tutor or curator, where applicable.
