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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(December 1, 2020) The Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons will enter into force by June 2022, ushering in changes—both major and minor—for persons under protective supervision and their loved ones.
In concrete terms, the law will promote the autonomy of the represented person. When making a decision, the tutor will have to consider the person’s interest, respect for their rights, and the safeguarding of their autonomy, while taking their wishes and preferences into account. Wherever possible, the tutor must involve the represented person in decisions that affect them.
In the situation where an incapable person has expressed their opinion on a particular subject in the past, but is no longer able to do so, this opinion must be taken into consideration. All of these provisions will allow the tutor to make the best possible decisions for the represented person.
To simplify protective supervision regimes, curatorships will become tutorships, restoring certain rights for represented persons. For more information, read our article From curatorship to tutorship on our website.
Changes will be made to reduce the amount of court intervention required in a tutorship. In many cases, this will cut down on the wait time for services or for an official decision, not to mention costs for the incapable person. For example, it will now be possible to designate a replacement tutor from the time the tutorship is instituted. In the event the tutor is no longer able to fulfill their role, the replacement tutor could take over according to a simplified legal procedure rather than having to petition the court.
The mandatary will need to make an inventory of the property and render an account to another designated person, resulting in enhanced protection for the patrimony of the incapable person (the mandator).