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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The tutorship council will decide what type of security you have to provide and the amount to be guaranteed. The council also sets the date by which you have to provide it.
The tutorship council may decide to eliminate the security if the value of the protected person’s patrimony falls below $25,000.
Under the Civil Code of Québec, whether you are a tutor or curator to the property, you have to provide security to guarantee your administration, if the assets you will be managing exceed $25,000.
This security may take various forms:
If the tutorship council wants this type of security, you should ask the financial institution concerned to hold all or part of the funds of the person under your protection until your administration ends. You will need to give the institution the following documents:
When you step down
Once your final report has been accepted, you may obtain cancellation of your security. Cancellation – the legal term is release – is paid for from the protected patrimony. Depending on the circumstances, this release is given by the person who has regained their capacity, by the liquidator of their estate, or by the tutorship council if you are being replaced.
The Curateur public provides you with samples of these documents when you take up your duties.
You should ensure that the Curateur public and the tutorship council have been notified of the hold funds by the financial institution.
Whatever type of security is used, you have to confirm annually to the tutorship council and the Curateur public that it is still in existence. You also have to inform them of any changes made to the security.