Law to better protect
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Although adults under legal protection are affected by varying degrees of incapacity, they may be allowed to perform various judicial acts; sometimes they may do so alone, and sometimes they require authorization. A few examples are given here. For more details, see the Civil Code of Québec.
Annulment of an act with legal significance
If a person under tutorship performs an act that was supposed to have been performed by their representative, it is possible to have it annulled. However, annulment is only possible if it can be proved that the act has caused the person harm. If necessary, the legal representative may hire a lawyer for this purpose; the fees are paid by the represented person.
If the act took place before the opening of protective supervision, proof is required of the person’s incapacity at the time.
A person under tutorship may:
Generally speaking, the person is not entitled to sign a contract. Moreover, a person of full age under tutorship to the person is not allowed to make donations.
If a person under curatorship performs an act with legal significance when they should have been represented, the act may be annulled without proof of harm.
Curatorship is the most restrictive form of protective supervision. The only acts the incapacitated person MAY accomplish are as follows:
They may not:
Exceptionally, they can marry if they demonstrate the ability to give free and informed consent.
Homologated mandate: mandate that has come into force following confirmation of the mandator’s incapacity and the authorization of the court.
An act executed by a person under mandate is legally valid unless it can be proved that they were unable to give free and informed consent. The court then decides whether the person had the mental capacity to accomplish such an act at the time they drew it up.
A person under homologated mandate is in a special position. Because they are not regarded as legally incapacitated, the only restrictions on them as regards exercising their rights are the ones they imposed upon themselves in their mandate. They retain their right to vote and may exercise their other rights, insofar as they understand the meaning and scope of their acts. Therefore: