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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Assistance and supervision: these are the responsibilities of the Curateur public after private protective supervision is set up by the court.
The Curateur public explains to the tutor or curator and the tutorship council how to fulfil their obligations. And if they wish, it also assists them for as long as the protective supervision is in place.
All the necessary documentation is provided by the Curateur public: guides, model forms (e.g. inventory), letters (e.g. attestation regarding security), medical and psychosocial reassessment form (this is mailed when the protective supervision is due for review), and so on. A member of the Curateur public’s staff is assigned to their file and will gladly advise them on certain decisions.
Mandate and advisor to a person of full age
If the protection measure is an advisor to the person of full age or a protective mandate, the Curateur public does not play a supervisory role. However, if it receives reports of abuse, the Curateur public uses its power of enquiry to take the necessary steps to rectify the situation.
It is the Curateur public’s duty to supervise the tutor or curator’s management in the interests of the incapacitated person. The tutor or curator gives the Curateur public:
The Curateur public may require ledgers and accounts to be audited if the property of the incapacitated person under tutorship or curatorship exceeds $100,000 in value, or if it has reason to believe that the represented person is being harmed by the representative’s management. If anything irregular is found, the Curateur public asks the representative to correct the situation.
The Curateur public may investigate:
If a representative fails to perform their task properly and there is no other solution, the Curateur public may ask the court to dismiss them and appoint a replacement.
If the Curateur public is appointed tutor or curator to replace a legal representative, it may prosecute the former representative if the protected person was harmed by their actions.