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.
SUBSCRIBE TO OUR NEWSLETTER (in French)!
Note that the Curateur public will never ask for personal or confidential information in its newsletters.
Regardless of the value of the property administered, the parents, as legal tutors, are obliged to conserve these assets as far as possible, in order to remit them with interest to the child when they attain majority or are emancipated.
Parents have to report to the Curateur public whenever the child’s patrimony exceeds $25,000. The patrimony is calculated by adding up the value of all the assets, which may be from various sources:
Any assets entrusted to the administration of someone other than the legal tutor (parent), dative tutor or suppletive tutor are excluded from the patrimony under the tutor’s responsibility. This also applies to the minor’s salary, which the minor may use for their everyday expenses.
If the value of all assets accumulated since the beginning of the tutorship exceeds $25,000, the parents are obliged to report to a tutorship council and to the Curateur public. Expenditures are not taken into account. However, expenditures must be shown in the administration report that the parents submit to the Curateur public.
Parents are advised to keep all supporting documents for expenditures (invoices, receipts) or other operations (e.g. investments) carried out using the child’s assets, whatever the value of the patrimony. These documents may prove very useful later on if they are reporting to a tutorship council and the Curateur public, or at the time when they remit the assets to the child who has attained full age or been emancipated.
Caroline is a minor; she has $20,000 in the bank (indemnity paid on January 15, 1999 by the Société de l’assurance automobile du Québec after an accident).
Her parents must report on their administration to the tutorship council that they must set up and to the Curateur public because the value of the funds received and administered since January 15, 1999 (the year in which money first came in) amounts to $26,000, as shown in the table below.
Their report will cover all the years of their administration and enable the tutorship council that they must set up and the Curateur public to verify whether the expenditures of $7,000, with supporting documents, were incurred in the child’s interests.
If these expenditures are justified and no further assets increase Caroline’s patrimony to over $25,000, her parents do not have to submit any more reports to the Curateur public or set up a tutorship council.
However, this does not relieve them of the obligation to manage Caroline’s assets in her best interests by acting vigilantly and prudently, and avoiding conflicts of interest.