You have agreed to become the legal representative – tutor, curator or mandatary - or the advisor of someone close to you who has been declared incapacitated. In addition to ensuring that this person is safe, you are looking after their property and legally representing them. This is a noble task that may also prove to be quite demanding. We hope you find this website helpful. On it you will find a review of your obligations, as well as recommendations, advice, guides and online forms. Additional useful information will gradually be added.
Your responsibilities are defined by the Civil Code of Québec, which should always be your guide.
In the context of protection measures, the advisor is in a different position from other representatives: the advisor’s job is to assist the person and make recommendations, not to act on their behalf.
Every case is different but certain general principles apply to all legal representatives; advisors are the exception. You have to:
Care: the incapacitated person’s right of refusal
The person under your protection remains a fully-fledged citizen. They may refuse care to which you have consented.
In everything you do for them, the well-being of the person you represent should always be uppermost in your mind. Try and put yourself in their place to understand what they need. Always be guided by their best interests and their religious or other convictions.
When you make decisions on their behalf, give them the chance to express themselves as far as they are able to; inform them when the decision has been made. Above all, try to preserve their autonomy.
Annulment of certain acts
What if the person you are looking after mistakenly performs a transaction for which your intervention is required and suffers harm as a result? In this case, the act may be annulled or the resulting obligations reduced.
Manage or safeguard their property in their interests. Always act with prudence, diligence, honesty and loyalty. And be sure to keep all supporting documents so that you are above reproach.
When a difficult situation arises or you have a delicate decision to make, feel free to contact the family or friends of the person under your protection. You can also contact the Curateur public, who will refer you to the right resources.
Are you no longer able to fulfill your obligations as tutor or curator? The first step is to notify the tutorship council of your decision because it is up to them to find a replacement. Next, either you or the tutorship council must apply to the court for a replacement to perform the tasks related to your role.
Your resignation becomes official when the court confirms the appointment of a new tutor or curator who has been proposed by the meeting of family and friends. The court requires good reasons before it will accept the resignation of a legal representative. If necessary, you can consult a legal advisor (notary, lawyer, or legal aid counsellor) to help you go through the procedure.
Are you a mandatary? The rules are different. To find out more about replacing a mandatary, see You are a mandatary.
If you neglect your duties or abuse your position, you may be reported to the Curateur public. The office will then investigate and if necessary, take formal steps to correct the situation.