Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
SUBSCRIBE TO OUR NEWSLETTER (in French)!
Note that the Curateur public will never ask for personal or confidential information in its newsletters.
If you are being represented by a mandatary, they are the person you chose while you were still able to look after yourself and your property. You still have all your rights and freedoms, insofar as they are not restricted by the mandate you yourself drew up.
Because of your state of health, the court has appointed someone close to you to represent you and protect you. Regardless of whether you have a mandatary, a tutor or a curator looking after you or your affairs, and whether this situation is temporary or permanent, you are still a fully-fledged citizen. You still have all your rights; they are simply exercised for you by someone else. Depending on how long you have been incapacitated and your state of health, you may no longer be able to do certain things.
For more information about the measure protecting you
Before arriving at the decision that you need protection, the court received and examined medical and psychosocial assessments of your condition, prepared by a physician and a health professional (a social worker, a nurse, or a psychologist, for example). Based on these assessments, the court decided it would be best if someone takes care of you, looks after your affairs or advises you about certain transactions. You may have taken part in the legal proceedings yourself or you may have been represented by a lawyer.
Exception: A person under protective supervision with an advisor is not regarded as incapacitated. They retain full legal autonomy and continue to exercise all their rights. They only call upon their advisor for recommendations about acts specified by the court.
Whatever the measure under which you have been placed, its sole purpose is to protect you. Remember: you are surrounded by people whose duty it is ensure your well-being and take care of your property. Do not hesitate to call upon any of these people, they are there to help you:
Your legal representative has been appointed to act on your behalf and in your interests alone, and to respect your rights, your autonomy and your privacy. This person must consult you before they take any action that concerns you, and must inform you of their decisions. They also have certain obligations and have to account for their actions:
As we explained earlier, even though you are under protective supervision, you are still a fully-fledged citizen. You have the right to say no. If you disagree with a decision, you have every right to question it.
But as a fully-fledged citizen, you also have responsibilities. You are not above the law and like any other citizen, you have to abide by it!
Once the court decides to institute a protection measure, the Curateur public is legally obliged to enter the information on a register posted on the Internet. The main purpose of this is to protect you in case you take a step that harms you in some way. The information is also useful for health professionals, in case you are unable to express yourself.
Whether you have an advisor, tutor, curator or mandatary, you are entitled to ask for the arrangement to be reviewed. All you have to do is submit two reassessments (medical and psychosocial).
Moreover, the law requires protection measures, with the exception of mandates, to be periodically re-evaluated.
If you are not happy with the way your legal representative is behaving, you can always contact the Curateur public. Or one of your relatives or someone from the health network can do so. The Curateur public will then conduct an investigation and if necessary, take steps to correct the situation.
Are you a senior? Then you can also contact the Commission des droits de la personne et des droits de la jeunesse (human rights commission) if you feel you are being exploited.