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The Civil Code of Québec set outs detailed rules for interventions by a tutor to the property. The tutor may accomplish certain acts alone but for others they must ask the tutorship council or even the court for authorization. Their powers are limited to what the Civil Code calls simple administration powers.
Personal loans are not presumed sound investments under the Civil Code of Québec.
Based on the principles and guidelines set out elsewhere on this website, the tutor may accomplish alone acts designed to conserve the child’s property until the child attains majority. Among others, the tutor may:
In some situations, the tutor to the property is not allowed to act alone. Among others, the tutor may not sell without authorization an item of the child’s property unless this property is likely to lose value rapidly (e.g. a car bequeathed to the child when they are very young). The same applies to a number of other acts.
The authorization of the tutorship council is required in the following situations:
The tutorship council also has to give its authorization when the tutor has to accept a donation involving obligations (or charges).
An uncle gives the child a building with the obligation to house him and finish paying the mortgage.
The following people have to obtain these authorizations:
This is required when the value of the transaction is over $25,000, among others for:
In reaching a decision, the court will consult the tutorship council.
The tutor may not accomplish alone any act that would place them in conflict between their own interests and their obligations as tutor. In particular, they must not: