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 father or mother of a minor child may designate a person to whom may be delegated or with whom may be shared the responsibilities of legal tutor and of person having parental authority where it is impossible for one or both parents to fully assume those offices. This person must be a member of the child’s extended family and will be named the “suppletive tutor.”
The suppletive tutor has the same legal duties and responsibilities as the legal tutor. They must protect the child’s patrimony and provide them with the care they need, as would the parent whom they are substituting for or assisting. However, the suppletive tutor has no obligation of support toward the child under their care. This obligation remains a responsibility of the father and the mother.
A suppletive tutorship may be requested if the legal tutor is having serious health problems or difficulty raising their child alone. It can also be an interesting alternative to adoption under certain circumstances.
A single father might want to share legal tutorship and parental authority with his new wife, giving the latter legitimate authority over his child. This alternative to adoption has the advantage of not eliminating the parentage between the child and the mother’s family, while allowing the new wife to make decisions related to the child’s person and property.
If they share their responsibilities, the legal tutor retains legal tutorship and parental authority.
A widower asks to have his new wife share his responsibilities.
If they delegate their responsibilities, the legal tutor loses legal tutorship and their parental authority.
A grandmother takes over for her drug addict daughter, who is unable to care for her child.
The parent submitting the request may designated one of the following people:
These are the same people who can adopt the child with special consent.
Unless their designation is contested, the suppletive tutor assumes their duties as soon they are appointed by the court. The designation of a suppletive tutor does not preclude a dative tutor from being named in a will, protection mandate or declaration to the Curateur public.
The suppletive tutorship ends: