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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Under the Regulation respecting the application of the Public Curator Act, the Curateur public may charge fees for services associated with the administration of the property of minors over whom the office exercises tutorship.
Fees are based on the cost of services rendered and market rates. They are indexed to the cost of living on April 1 each year and subject to federal and provincial taxes.
No fees are charged for supervision of private tutorships, unless the Curateur public itself launches the procedure for opening a tutorship with the court. In this case, $2,173 will be invoiced upon receipt of the judgment. Additional fees (e.g. legal stamps, bailiff’s fees, subpoena to witnesses, etc.) may be payable.
|Opening of tutorship||Rates|
|Procedure for instituting protective supervision launched by the Curateur public||$2,173 payable at end of tutorship|
|Administration of property||Rates|
|Collection of information for compiling inventory of property:
|Planning of initial administration of patrimony:
Note: Staff are assigned files based on the complexity of the tasks entailed; for example, administration of real estate or the choice of annuities.
|Recovery of mortgage loan or other receivable||$527/year|
|Payment of mortgage loan or other debt||$103/year|
|Sale of movable property other than security, purchase or sale of an automobile||25% of transaction amount, up to maximum of $1,000|
|Notice of jurisdiction concerning real estate under administration||$599/real estate property under jurisdiction|
|Preparation and supervision of sale of real estate||25% of transaction amount, up to maximum of $2,500|
|Administration of insurance policies||$70/policy/year|
|Filing of an income tax return||$34/return|
|Administration of personal investments:
|Rendering of accounts and remittance of property during person’s lifetime||$597|
|Rendering of accounts and remittance of property after death||$2,391|
|Settlement of an estate:
|Liquidation of an estate||$136/h|
|Management of common trust funds||Rates|
|Management of portfolios containing only investments maturing in under 2 years||1.5%/year of average assets under administration (not exceeding return on fund)|
|Management of portfolios composed of fixed revenue securities||1.5%/year of average assets under administration|
Under the law, the Curateur public has discretion regarding the charging of fees. It has drafted a directive according to which fees will not be charged if the three following conditions are met:
Note: Some costs (e.g., evaluation, birthcertificate, subpoena to witnesses, etc.) will be charged, even when no fee is required.
N.B. In the event of discrepancies between the above text and the regulation, the regulation prevails.