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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This information is also available in the leaflet Fees — Services provided to incapacitated persons under protective supervision (PDF 394 KB).
Under the Regulation respecting the application of the Public Curator Act, the Curateur public may charge fees for services associated with the protection of incapacitated persons represented by the Curateur public and administration of their property.
Fees are based on the cost of services rendered and market rates. They are indexed to the cost of living on April 1 each year and subject to federal and provincial taxes.
|Procedure for instituting protective supervision launched by the Curateur public
Note: Additional costs (e.g., evaluation, birth certificate, subpoena to witnesses, legal stamp, bailiff’s fees, etc.) can be added to the fees.
|$2,190 on receipt of judgment appointing a legal representative|
|Private protective supervision
Note: No fees are charged for overseeing private protective supervision as a way to encourage families and loved ones to assume responsibility for incapable persons.
|Protection of the person||Rates|
|Procedure for instituting protective supervision launched by the Curateur public||$2,190 payable upon lifting of protective supervision|
|Activities connected with the protection of the person||$1,097/year of representation, payable upon death if person dies while under protective supervision|
|Administration of property||Rates|
|Collection of information for compiling inventory of property:
|Planning of initial administration of patrimony:
Note: Staff are assigned files based on the complexity of the tasks entailed; for example, administration of real estate or the choice of annuities.
|Planning and administration of annual budget and administration of movable property||$467/year|
|Recovery of mortgage loan or other receivable||$531/year|
|Payment of mortgage loan or other debt||$104/year|
|Sale of movable property other than security, purchase or sale of an automobile||25% of transaction amount, up to maximum of $1,000|
|Notice of jurisdiction concerning real estate under administration||$604/real estate property under jurisdiction|
|Preparation and supervision of sale of real estate||25% of transaction amount, up to maximum of $2,500|
|Administration of insurance policies||$71/policy/year|
|Filing of an income tax return||$34/return|
|Administration of personal investments:
|Rendering of accounts and remittance of property during person’s lifetime||$602|
|Rendering of accounts and remittance of property after death||$2,410|
|Settlement of an estate:
|Liquidation of an estate||$137/h|
|Management of common trust funds||Rates|
|Management of portfolios containing only investments maturing in under 2 years||1.5%/year of average assets under administration (not exceeding return on fund)|
|Management of portfolios composed of fixed revenue securities||1.5%/year of average assets under administration|
Under the law, the Curateur public has discretion regarding the charging of fees. It has drafted a directive according to which fees will not be charged if the three following conditions are met:
Note: Some costs (e.g., evaluation, birthcertificate, subpoena to witnesses, etc.) will be charged, even when no fee is required.
N.B. In the event of discrepancies between the above text and the regulation, the regulation prevails.