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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If you are under 18, not emancipated, and your property is worth more than $25,000, your parents must be assisted by a tutorship council to administer it. This is a group that is usually composed of three people from your immediate circle.
It is the tutorship council’s job to decide what measure your parents or dative tutor should take to protect your property if it is worth more than $25,000. In legal language this is called security. Security, which can take different forms (hold funds, insurance, etc.), is a guarantee that your property will be protected or compensated for if your parents or dative tutor misappropriate it or manage it poorly.
The tutorship council, with your parents, plays a key role in the administration of your property and the exercise of your rights. Its role is to:
The members of the tutorship council meet at least once a year. They can invite you to their meeting but they are not obliged to do so.
In this case, the law mentions that a tutorship council must be created to help your tutor administer your property regardless of its value. Pretty good, right? This prevents the dative tutor from assuming total control of your property. The role of the tutorship council is the same as that described above.
For example, your tutor borrows a large sum from your patrimony or renounces an inheritance from which you might have benefited.
When the tutorship council’s authorization is required, but your tutor did not obtain it, you can have the act annulled by the court, or the obligations reduced, if you can show that the action has caused you damage.
In a situation where the tutor should have obtained court authorization but did not receive it, you can have the act annulled without having to prove that it has caused you damage.
Our role is pretty similar to that of the tutorship council:
We also have the power to investigate if we notice any problems after reviewing the annual report or if someone reports suspected abuse to us. We then take the steps necessary to correct the situation. If this fails, we can go to the court to have your parents or your dative or suppletive tutor replaced by someone else, and even ask for the replacement of the tutorship council.