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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In verifying that the expenditures listed in the tutor’s administration report are justified and were incurred in the best interests of the minor child, the Curateur public takes into account the financial situation of the parents and the child, and the child’s condition.
As a tutor, what expenditures are you allowed to incur without prior permission? While there are no precise rules (each case is different), we can set out some broad principles.
From the assets you administer, you are authorized to take the necessary sums to cover expenditures enabling you to perform your tutorship duties, including:
Not sure if you are allowed to incur certain expenditures? Talk to your tutorship council and the person in charge of your file at the Curateur public, to ensure you do not have to reimburse expenditures regarded as unjustified.
Generally speaking, you are allowed to incur expenditures designed to preserve the child’s property without having to obtain prior authorization.
WARNING: Using the child’s money to take out life insurance in their name is not a justifiable expenditure.
The expenditures involved in meeting the child’s needs must be defrayed by the parents. However, in exceptional circumstances, they may also be defrayed by the child, as shown in the table below.
|The parents ARE ABLE to provide for the child’s needs||The parents are able to PARTIALLY provide for the child’s needs||The parents are DECEASED|
Under the Civil Code of Québec, the child’s patrimony MUST NOT be used to pay expenses associated with their education, maintenance or recreation. The parents have to pay for these expenses, whether the tutorship is operated by them, by a dative tutor to the property of by a suppletive tutor, unless the situation is very unusual (e.g. the child is disabled).
The child’s patrimony MAY be used for certain expenses in exceptional circumstances. Because each case is different, you are advised to contact the Curateur public.
The child’s patrimony IS used by the dative tutor to the property, to pay the expenses associated with the minor’s support, education, recreation, etc., because nobody is there to fulfil the obligation of support and maintenance.
In addition, the tutor to the property must confer with the tutor to the person to agree upon the annual amounts required to house, clothe and feed the child, etc.
Keep all invoices, receipts, cheque stubs, etc. These items will enable you to justify the expenditures you have incurred out of the child’s patrimony, in case you are questioned about them.