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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The responsibilities and obligation of the tutor to the person are not dealt with in this website because they are not within the scope of intervention of the Curateur public, but of the Directeur of Youth Protection of one of Québec’s youth protection centres .
Whether you are a parent – in other words legal tutor – or suppletive tutor and your child’s patrimony exceeds $25,000, or you are dative tutor to the property, you have certain responsibilities in common.
In performing your duties, you should be guided by the following principles:
Warning: At the age of 14, the child is considered an adult by the Civil Code of Québec for all matters concerning their work or practicing of an art. This means the child may use their income for certain everyday needs. However, at the tutor’s request, the court may restrict the amounts at the child’s disposal.
See the Protection of property page.
As tutor, you have the obligation to conserve the child’s patrimony in order to hand it over to them when they reach the age of majority (18), or when they are emancipated. This is what the Civil Code calls powers of simple administration.
These powers entitle you to perform certain acts alone; for other acts, you have to obtain the authorization of the tutorship council or the court, depending on the amount involved. For more information, see the page on Simple administration of property.
You also represent the child in the exercise of their civil rights concerning all actions relating to their assets (e.g. signing a contract); this means you may act on the child’s behalf and in their place.
The tutorship council has a supervisory role in your administration, but is also there to assist you. Feel free to consult it regarding major decisions.
The Curateur public monitors your administration. Through the person in charge of your file, it is also available to answer your questions, inform you about your obligations and help you to fulfil them.
At the beginning of your administration, you have to give an inventory of the child’s property to the tutorship council and the Curateur public. This inventory will be followed by annual administration reports, and a final report at the end of your tutorship.
Sometimes parts of the child’s assets (capital, indemnity, annuities from an insurance policy, etc.) are administered by someone else. This person may be a trustee, an estate liquidator, or other administrator.
You do not have to report on this other person’s administration in your own administration report. However, as tutor, your role is to ensure that the child’s property is being properly managed and their interests protected. For example, you may have to examine accounting records and supporting documents or take the appropriate measures to ensure the administrator fulfils their obligations. Should they fail to do so, you may even have to ask the court to replace them.
Before the child reaches majority, during the year when they are 17, you are advised to undertake the necessary formalities for placing them under legal protective supervision for a person of full age (tutorship or curatorship).
Your administration ends when the child attains majority or is emancipated. Once the child has accepted your final administration report, all that remains is for you to give them their deeds of ownership, documents, bank accounts, investments, etc., because your function as tutor has now ended.
Did you take security to guarantee your administration? The child who has now attained majority will grant the release (with the financial institution concerned, for example), i.e. will cancel the security.
In this case, you give your final report and the minor’s assets to the estate liquidator. The liquidator will also cancel any security you provided.
The tutorship council has to ask the court to replace you if you are no longer able to perform your duties. Anyone concerned about the child or the Curateur public may also apply to the court to have you replaced.
You may be reported to the Curateur public for bad administration of the child’s property. The Curateur public has powers of investigation and will reach agreement with you about how the situation can be rectified. If this is not successful, the Curateur public will ask the court to replace you.