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.
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When you agree to act as tutor or curator to someone’s property, you have to produce various reports about your administration.
The administration report is important because it accounts for all the actions taken on behalf of the person under protection. And when you keep careful records, you are less likely to make mistakes or leave something out. Last but not least, it helps to ensure everyone remains on good terms!
Every year, you have to submit a report about your administration of the property.
The report is then verified by the Curateur public to ensure the tutor or curator is administering the patrimony properly.
At the end of the first year, the Curateur public sends you a detailed annual report form (PDF). The second year, depending on the protected person’s financial situation, you may receive a simplified form (PDF).
Simplified annual report
The tutor or curator may submit the simplified version if the patrimony does not include any buildings, land, stocks or bonds, cash loans or property mortgages, or interest on a loan.
If the patrimony exceeds $100,000, the Curateur public may ask for your administration report to be audited by a chartered accountant.
You can download the annual report forms and fill them out on screen, but they then have to be printed, signed and mailed.
You send it to:
When you come to prepare your final report, refer to the inventory you made at the beginning of the tutorship or curatorship, the annual reports you filled out during your administration, and the supporting documents (invoices, cheque stubs, etc.) you kept. If you find this task too complex, you may ask an accountant or notary to prepare the report.
When your duties come to an end, you have to:
As with the annual administration report, you may have to prepare a detailed account or a simplified one.
The Curateur public provides a form on which to enter the assets and liabilities (debts) at the end of your administration. If this type of report is acceptable to the person who has regained their capacity (or the liquidator of their estate or your replacement), ask them to sign it once you have filled it out.
According to the Civil Code of Quebec: "The account shall be made sufficiently detailed to allow verification of its accuracy; the books and other vouchers pertaining to the administration may be consulted by interested persons."
The people to whom you have to render an account are entitled to ask you for a more detailed version than the form proposed by the Curateur public. However, they have to be informed that the fees involved are payable by the person requesting this type of report.