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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You have been appointed as suppletive tutor by the court to jointly carry out, with one of the child’s parents, their responsibilities as legal tutor and person having parental authority, or to replace them in those capacities.
While your obligations to the child are similar to those of their parent, the obligation of support does not apply to you.
You have been appointed to substitute for a legal tutor who was administering a patrimony in excess of $25,000: You are not required to provide an inventory if your predecessor gave you their final administration report. This report is sufficient, unless you are being appointed because of a change in the child’s patrimony.
As the legal tutor, you have an obligation to report on the administration of the child’s patrimony if it is worth $25,000 or more, and to submit an annual administration report:
Make sure to keep the child’s assets separate from those of the tutor. For example, it is very important to have separate bank accounts.
If this has not yet been done and if the value of the patrimony under your administration exceeds $25,000, you must take steps with the court to appoint a tutorship council.
The position of suppletive tutor is unpaid. However, if administering the child’s property is so complex as to become your main occupation (e.g., managing buildings, running a business), you could be entitled to remuneration. After you have obtained the opinion of the tutorship council, the court will set the terms of the payments to be made from the child’s capital. Your personal financial situation has no bearing on the amount of the payments you receive. In general, an hourly rate will be determined.
Unlike the parents, you can ask the court to relieve you of your duties as suppletive tutor, after giving notice to this effect to the father or mother, and to the child aged 10 or over. If one exists, you must also notify the tutorship council of your decision. Your resignation takes effect once the court recognizes the appointment of a new suppletive tutor.