Act to amend various provisions
as regards the protection of persons
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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(September 25, 2020) The Curateur public du Québec welcomes the tabling of Bill 56, An Act to recognize and support caregivers and to amend various legislative provisions. Present at the consultations on this bill, Denis Marsolais, Québec’s Public Curator, stressed that he shares the concerns expressed by the Minister Responsible for Seniors and Informal Caregivers for the well-being and recognition of all those who play a crucial role in the protection of thousands of Quebecers.
(September 24, 2020) No changes are expected prior to the June 2022 enactment of 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.
(September 17, 2020) Preparing your protection mandate is very important, as it’s the best way to choose who will take care of you and make decisions on your behalf should you one day become incapable. When it comes time to preparing your mandate, you have two choices: use a notary or a lawyer, or do it yourself. Regardless of which one you choose, both have the same legal value.
(September 3, 2020) Families who are caring for an incapable loved one sometimes need time to rest, recharge, or simply take care of their personal obligations. Due to the COVID-19 pandemic, sleep-away and respite camps did not take place this summer. However, given the evolving situation, several organizations offering short-term respite care have recently been able to resume their activities.
(September 1, 2020) Last year, you were appointed as your incapable mother’s tutor. Since then, she has been living with you, although you’ve noticed that she is becoming increasingly less independent. Together, you’ve decided that she will move to a nearby care facility. While packing her things, you come across a lot of items that she’ll no longer need. You’d like to have a garage sale for her. But are you allowed?
(August 11, 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, adopted on June 2, will enter into force by June 2022. It provides for significant changes that will have positive impacts on the lives of incapable and vulnerable persons and their loved ones. But where to start with making sense of it all?
(August 4, 2020) Your child is starting high school in the fall. She/he has a large amount of money, which was paid to her/him after the death of her/his grandmother. Can you use this money to pay for the laptop your child will need for schoolwork?
(July 29, 2020) There are two types of protection mandates: a mandate you prepare yourself, signed by two witnesses, and a mandate prepared by a notary or a lawyer. Both mandates are equally valid—the choice of format simply depends on the individual person’s needs. But regardless of the type, a mandate needs to be homologated as soon as the person who prepared it becomes incapable.
(July 23, 2020) You recently petitioned the court to have your brother’s protection mandate homologated. He could no longer make decisions about his savings and was struggling increasingly with decisions related to his living situation and medical care.
(July 21, 2020) On July 21, 1945, the Loi instituant une curatelle publique [Act respecting the creation of public curatorship] entered into effect. Since its creation, the Curateur public has undergone several key transformations and today celebrates its 75th anniversary.
(July 7, 2020) Félix, age 10, inherited a large amount of money following the death of his godfather and favourite playmate. Summer is in full swing, and Félix would love to spend his school holiday riding a new mountain bike. Can Félix’s parents use his patrimony to buy him a bike?
(June 26, 2020) Depending on their age and maturity level, a minor can perform certain acts alone, without permission from their parents. This includes getting a job, provided it doesn’t interfere with their studies or affect their health or personal development. Among other things, a 16‑year‑old can work as a day camp counsellor, a restaurant employee, a grocery store cashier, or a lifeguard at the local pool.
(June 15, 2020) June 15 marks World Elder Abuse Awareness Day. Together, we can make a difference by reporting cases of abuse. The Québec government defines abuse as an act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.
(June 10, 2020) With the warm weather here again, even incapable people are struck by the urge to get moving, get outside, and plan a holiday! But, amid the COVID‑19 pandemic, there are a few precautions they need to take to make sure they stay safe this summer.
(June 4, 2020) If one is named in your protection mandate, the substitute mandatary will be able to take over. If there is no substitute, it will be up to the court to institute a tutorship or a curatorship at your request. Your mandatary may also request that a legal protective supervision regime be instituted.
(June 2, 2020) Bill 18 was adopted today in the National Assembly, and the changes it will bring are likely to affect you or a loved one once the bill passes into law in the next 18 to 24 months.
(June 1, 2020) Did you know that one in ten people in Québec has a significant disability that is likely to hinder their ability to function on a daily basis?
(May 25, 2020) Like all Québec citizens, incapable persons are required to file their income tax return. So, who takes care of this formality? Their protectors, whether they be mandataries, curators or tutors, are responsible for this task. This is also true for the Curateur public, which handles the tax returns of the approximately 13,600 people it represents. Due to the COVID‑19 pandemic, the tax filing deadlines this year are June 1.
(May 22, 2020) If you agreed to take care of a child who is not your own, a tutorship council was appointed to help you make decisions related to expenses, regardless of the value of the child’s patrimony. If they are still alive, the father or the mother retains their obligation of support toward their child, meaning they will have to pay for summer camp with their own money.
(May 1, 2020) Acting as a mandatary is usually a voluntary gesture. However, some mandators (people who have prepared their protection mandate) provide for compensation for their mandatary. Paid directly from the mandator’s patrimony, the compensation can take many forms, such as an hourly rate or a lump sum paid at specified intervals (weekly, monthly or annually).
(April 14, 2020) Why not take advantage of the change in season to review the contents of your protection mandate? After a few years, you may decide you want to make changes to your document.
(April 2, 2020) In 2007, April 2 was declared World Autism Awareness Day by the United Nations. Each year, the Fédération québécoise de l’autisme (FQA) takes this opportunity to raise public awareness about the needs of autistic people and their families. This year, the FQA has chosen “Faites briller le Québec en bleu” as the theme for the day.
(April 1, 2020) The 2020-2021 fees for services provided by the Curateur public to incapable persons under public supervision are now available on the website. The fees are paid from the represented person’s patrimony and are indexed to the cost of living on April 1 of each year. Fees may be waived under certain conditions.
(February 24, 2020) The inventory is the starting point for the administration of a protective supervision regime. It must be done within 60 days of the judgment establishing the institution of the protective supervision regime. Its purpose is to determine the value of the protected person’s patrimony at the time the legal representative is appointed. From the outset of the protective supervision regime, the inventory will make it easier for the legal representative to administer the person’s property.
(February 18, 2020) According to the Partial Road Safety Statistics 2019, published by the Société de l’assurance automobile du Québec (SAAQ), 276 people were killed and 1,153 others were seriously injured on our roads, between January and October 2019, inclusively. These statistics illustrate the importance of being extra cautious when driving in order to prevent accidents, save lives, and reduce the risk of head injuries—one of the causes of incapacity.
(February 13, 2020) Many Quebecers choose to propose or even get married on Valentine’s Day. People who are incapable are no exception and may also want to get married. Just because they are incapable doesn’t mean they can’t—in fact, the opposite is true. However, for a marriage to be valid, the spouses must be at least 16 years old and be able to give their voluntary and informed consent.
(February 6, 2020) Instituting a private protective supervision regime involves certain expenses, such as court costs, and bailiff, notary or lawyer’s fees, which are charged to the incapable person’s patrimony. However, depending on the latter’s financial situation, all or part of these fees may be covered by legal aid. The same applies to the homologation of a protection mandate. This means that the person who initiates the process is not responsible for covering the costs.
(February 4, 2020) You get the feeling that your sister’s mental illness is getting worse. It’s having repercussions on her daily activities and affecting her decision-making abilities. She’s having an increasingly hard time managing her budget and the expenses related to her two rental properties. You’d like to help her, mainly to preserve the value of her property, but the bank is refusing you access to her information for security reasons.
(January 27, 2020) As far back as you can remember, Grandpa has always sent Christmas cards and bought gifts for all the children in the family. This year, he was declared incapable, and Grandma is helping take care of him and his affairs. Despite her good intentions, Grandma didn’t have time to send Christmas cards this year and didn’t know that she could continue to buy little gifts on Grandpa’s behalf...
(January 23, 2020) Karl turned 16 last week. His mother passed away three years ago, leaving him more than $25,000. Karl graduated this year from a vocational program in bricklaying/masonry and would like to find a job. He thinks that having a driver’s license and a car would really help him do that. He’s wondering if he can use the money his mother left him to take driving lessons and buy a car before he turns 18.
(January 16, 2020) Like every other weekend, you’re heading up north to your cottage. This time, you’d like to invite your nephew, who is incapable, to go snowmobiling nearby. Given that he just turned 18 and doesn’t have a driver’s license, what are the rules about operating a snowmobile?
(January 7, 2020) Your child inherited a large amount of money from your mother, who passed away a few months ago. You would like to invest the money to make sure it grows. If the money is invested wisely, you think the initial amount could double by the time your child turns 18.
(December 30, 2019) Swish, swish—ah, that familiar sound of your skis gliding down the snow-covered slopes. You’re passionate about downhill skiing and talk about it every chance you get. You were recently appointed curator to your brother, who is completely incapable due to an intellectual disability.
(December 19, 2019) Your life has changed dramatically in the past year. Your husband was in a car accident and is now incapable. Luckily, he prepared his protection mandate and named you as his mandatary, making you the person best placed to look after his well-being and manage his property.
(December 17, 2019) Mikaël’s father passed away last year, leaving him a large amount of money as the beneficiary of his life insurance policy. Because he’s not yet 18, Mikaël can’t manage the money himself, so you’re doing it for him. This Christmas, you’d like to give Mikaël a new bike, but you can’t afford it on your own. Can you use Mikaël’s inheritance from his father to buy the gift? It depends on your situation.
(December 12, 2019) A close relative is losing their cognitive abilities because of an illness. What can you do to help? Of course, each situation is different, but here are a few options.
(November 25, 2019) Your father, who has always been thrifty, calls his financial adviser to withdraw $50,000 from his RRSP for a “personal project.” The financial adviser says he’ll have to check your father’s finances to determine how this will affect his retirement. The same day, your brother calls the adviser to threaten legal action if he doesn’t release your father’s funds.
(November 22, 2019) Picture this: Your father owns a beautiful sports car. Unfortunately, he becomes incapable, and the court appoints you as his mandatary, as per the instructions in his protection mandate. Can you decide to lend his car to friends or even use it yourself? No, even though your father might have let you do so before becoming incapable.
(November 14, 2019) The flu vaccination campaign is in full swing. People aged 75 and over and their close relatives can receive the preventive vaccine for free; it is available to the general public for a small cost. Can an incapable person give their consent to this medical treatment? It depends. Only if they understand the nature of the treatment, its risks and benefits, and the disease it’s meant to treat or prevent. This is what is known as voluntary and informed consent.
(November 11, 2019) You pay a visit to your uncle, who is incapable, to wish him a happy birthday. Your uncle has a homologated protection mandate that designates his brother as his mandatary. During your visit, you quickly notice that his living situation leaves a lot to be desired: He tells you he’s not eating enough, he’d like some warmer clothes for the winter, and he hasn’t heard from his mandatary in a long time.
(November 8, 2019) Minister of Families Mathieu Lacombe tabled the Curateur public du Québec’s 2018-2019 Annual Report in the National Assembly on November 5.
(November 7, 2019) Incapable persons are full-fledged citizens. Provided they are capable of understanding the implications of their actions, they can perform certain acts alone. It is important to offer them protection measures that are adapted to their capabilities and personal situation, to allow them to be as independent as possible.
(November 5, 2019) National Caregiver Week is an opportunity to celebrate the 1.6 million caregivers in Québec dedicated to caring for a loved one. This year’s theme is: Because we will all be caregivers. This theme reminds us that caregiving is everyone's business, because at some point in our lives, we’ve all been—or will be—called on to assume this role.
(November 1, 2019) My brother, who is incapable, is well cared for by the family. For the moment, we’re doing a good job of protecting him, taking care of him and his property. Do we need to institute a protective supervision regime to renew his health insurance card?
(October 21, 2019) If I became incapable, would my husband or wife automatically become my protector? The answer is no. Whether or not you are married, your spouse cannot automatically become your legal representative in the event you require protective supervision. You need to officially document your wishes in the protection mandate.
(October 16, 2019) I want to change my protection mandate to appoint my child, who just turned 18, as my mandatary. Do I have to draw up a new one? Yes! You need to start from scratch, and the new mandate will cancel out the old one and any others you prepared previously.
(October 7, 2019) How can I help my incapable aunt manage her finances? Instituting a protective supervision regime involves legal measures and limits the exercise of civil rights of the represented person. Because of this, it’s important that you determine whether you can meet your aunt’s needs with help from her loved ones before considering legal protection measures.
(October 3, 2019) Can a person unable to take care of themselves or of managing their property regain their mental faculties? Incapacity can be temporary or permanent—it all depends on the cause and the person’s situation.
(September 21, 2019) Last month, my father saw his doctor and he was diagnosed with stage 1 Alzheimer’s disease. Is it too late to prepare his protection mandate? That all depends. You need to check with his attending physician, who will determine whether he has the cognitive abilities needed to write a protection mandate.
(September 17, 2019) Starting today and until September 24, some twenty stakeholders will speak before a parliamentary committee at the National Assembly on Bill 18, which proposes a new assistance measure as well as a major simplification of protective supervision regimes. If the Bill is adopted, stakeholders will be given a grace period before it takes effect to make the necessary preparations. For more information about the proposed changes, visit the new page on Bill 18.
(September 12, 2019) You’ve covered all your bases; you’ve filled out your protection mandate, named a trusted person as your mandatary, given them a copy, and filed the original away in a safe place. Everything seems in order!
(September 6, 2019) Becoming incapable is not a choice that anyone makes, and it can happen at any time, which is why it’s a good idea to take precautions by stipulating who will take care of you and your property in a protection mandate. Your protection mandate must reflect your wishes and preferences and contain your instructions in the event you become incapable.
(September 3, 2019) As a parent or legal tutor, you are responsible for paying for your child’s basic necessities (lodging, food, clothing, education) from your own money. You cannot use your child’s inheritance to cover your own expenses or your child’s expenses for which you are responsible.
(August 22, 2019) “As my mother’s curator, I’ve been paying her bills for a few years now. I’m wondering what to do with all the paperwork that’s piled up. Do I have to keep it all? For how long?”
(August 19, 2019) Are you planning a trip overseas soon for an incapable person under legal protective supervision (tutorship, curatorship, or mandate)? Like all Canadian citizens, they need a valid passport to leave the country.
(August 16, 2019) You have decided to draw up your protection mandate by yourself. This is known as a mandate by private writing. When you have completed the form, you must have it signed by two witnesses, but not just anyone can sign.
(August 9, 2019) Your father, who benefits from a protection measure, would like to go fishing this summer. To do so, he must obtain a fishing licence. This is easily accomplished, and does not require any intervention by his legal representative.
(August 6, 2019) Preparing your protection mandate is easier than you might think. The Curateur public du Québec provides a free downloadable version of the protection mandate with an explanatory guide. If you decide to prepare your own mandate, it is recommended that you have one of your two witnesses sign an affidavit.
(August 1, 2019) Your son is nine years old. Like every August, he needs new school supplies. He has a substantial amount of money that was left to him when his father died. Can you use that money to pay for his books, notebooks and pencils?
(July 23, 2019) Camping, an affordable activity for many Quebecers, is one of the best ways to enjoy summer. When it comes to the joys of camping, incapable people can also get in on the fun.
(July 18, 2019) Want to know whether someone is under legal protective supervision or find out the name of their representative? You can consult the registers of protective supervision. Access them on our website or call our general information line.
(July 11, 2019) For health and safety reasons, an incapable person may need to be moved to a facility that provides medical care, assistance, or other services not available at home.
(July 9, 2019) Grandpa is accustomed to spending his weekends alone at the cottage—a tradition that’s come to mean a lot to him in the past few years. But now that he’s incapable, can he continue to stay at the cottage alone?
(July 5, 2019) It’s a sunny day and the incapable person under your legal representation wants to do some landscaping work at home. They want to rent some tools from the hardware store, but to do so they need to sign a rental agreement. Is that possible? It all depends on their degree of incapacity.
(July 2, 2019) Picture this: A few years after you become incapable, your mandatary is also rendered incapable and can no longer carry out their responsibilities. If you named a replacement mandatary in your protection mandate, that person will be able to take over.
(June 19, 2019) You are the legal representative (mandatary, tutor or curator) for your incapable father. Your role is to see to his safety and well-being and to manage his assets in his best interests. If your father asks, are you allowed to fix the flowerbed in his front yard?
(June 15, 2019) June 15 marks World Elder Abuse Awareness Day.
Abuse of any kind is unacceptable. To highlight this important day, the Curateur public wishes to remind the public that it handles reports of mistreatment, abuse or neglect of people under protective supervision (tutorship, curatorship, and homologated protection mandate) and people who have been declared incapable further to a medical assessment.
(June 11, 2019) During the Forum of Partners to Counter Elder Abuse, which took place on May 23, the Autorité des marchés financiers (AMF) launched a new guide that the Curateur public contributed to as a member of the Comité consultatif sur la maltraitance matérielle et financière [Advisory committee on material and financial mistreatment].
(June 11, 2019) The Curateur public has just published its Plan d’action à l’égard des personnes handicapées 2019-2020 [2019-2020 Action plan on disabled persons], which contains a summary of its initiatives over the past year. These include signing a partnership agreement with the Office des personnes handicapées du Québec to increase access to useful and relevant information for the public.
(June 3, 2019) You are the mother of a minor child whose father is deceased. Your new spouse is helping you raise your child but is not authorized to sign administrative documents because he is not their legal tutor.
(June 3, 2019) June 1 to 7, 2019, is the Semaine québécoise des personnes handicapées [Québec Week for Disabled Persons]. This annual awareness campaign proposes different ways to eliminate the barriers to social participation by disabled persons.
(May 30, 2019) On May 23, Québec’s Public Curator, Denis Marsolais, took part in the Forum of Partners to Counter Elder Abuse, held in Québec and attended by the Minister Responsible for Seniors and Informal Caregivers, Marguerite Blais, among others.
(May 21, 2019) Preparing your protection mandate is one of the most important things you can do. Why? Because it’s the only way for you to decide who will take care of you and your property if you become incapable.
(May 17, 2019) We often confuse the roles of legal representative and caregiver, which is not surprising, since both involve making a commitment to someone in need of support. In both cases, the person stepping into the role needs to be selfless and kind. But there are differences between the two.
(May 15, 2019) Is a protection mandate that you prepared yourself easier to contest? Of course not! The reasons why someone would contest your protection mandate are the same, no matter how it was prepared.
(May 6, 2019) This year, the Canadian Mental Health Association’s Mental Health Week is taking place from May 6 to 12, 2019. This annual campaign to promote mental health recommends 16 strategies to help you thrive. These wellness tips are perfect for boosting your mental health on the bad days, and on the good ones, too.
(May 2, 2019) On April 26, Québec’s Public Curator Denis Marsolais participated in a symposium at Université de Caen Normandie, in France. The event, organized by the university’s faculty of law and Demolombe research institute, was attended by more than 400 legal professionals, professors and legal representatives, gathered for a retrospective of the past decade since the introduction of France’s 2007 law that reformed the systems for the legal protection of vulnerable adults.
(April 30, 2019) With several areas of Québec under siege by flood waters, the Curateur public du Québec is taking steps to make sure the incapable persons under its protection are safe and sound.
(April 24, 2019) Summer is just around the corner. You’re planning your holidays and you’d like to take your 8-year-old daughter on a dream vacation. She inherited a large amount, and you’re wondering if you can use her money to pay for part of the trip. The answer is, probably not.
(April 18, 2019) Your 84-year-old mother, a veteran driver, was just declared incapable by her doctor. Does that automatically mean she’s no longer able to drive her car?
(April 10, 2019) Today, Mathieu Lacombe, Minister of Families and Minister responsible for the Curateur public de Québec, introduced a bill in the National Assembly to amend the Civil Code of Québec, the Code of Civil Procedure, the Public Curator Act and various provisions on the protection of people.
(April 4, 2019) It turns out that doing your income taxes is just as much a rite of spring as eating maple taffy on snow. Even incapable persons have to file their tax returns. So, who takes care of this formality? Their protectors, whether they be mandataries, curators or tutors, are responsible for this task. This is also true for the Curateur public, which handles the tax returns of the approximately 13,600 people it represents.
(March 27, 2019) Contrary to popular belief, being a legal representative isn’t very time-consuming. However, the time spent protecting the incapable person varies from one person to the next.
(March 25, 2019) Our advertising campaign ended yesterday. Over the past few weeks, we’ve stressed the importance of friends and family members taking care of their incapable loved ones.
(March 18, 2019) Intellectual disability, the number one cause of incapacity among persons represented by the Curateur public du Québec, is still misunderstood. It is a set of conditions that begin during a person’s developmental phase and that affect several spheres of their life. In most cases, an intellectual disability is mild. However, it is always permanent.
(March 8, 2019) Women gained the right to vote in Québec in 1940, but what a long way we’ve come since then! On this International Women’s Day, the Curateur public applauds the strength and commitment of all Québec women, past and present. It also pays special tribute to those women who have chosen to protect and care for an incapable loved one.
(February 27, 2019) A protection mandate isn’t something to be taken lightly. It’s a document that states who will take care of you and your property—and how they’ll do so—in the event you become incapable. That’s why it needs to be homologated before it can take effect. But can it be contested? On what grounds? What happens then?
(February 25, 2019) Today marks the launch of an advertising campaign by the Curateur public focusing on Québecers’ dedication to incapable persons and emphasizing that protecting a loved one can be easier than we think. Our message will run on television and online until March 24.
(February 19, 2019) The short answer is, no, you cannot use your child’s patrimony to pay for winter activities or vacations.
(February 15, 2019) In Québec, it’s estimated that more than 160,000 people are incapable, meaning they’re unable to take care of themselves or their property. Yet, only about 35,000 people are under legal protective supervision. What about the rest?
(February 15, 2019) The new issue of the Le Point newsletter is now online. This issue covers the following topics:
(February 8, 2019) Minister of Families Mathieu Lacombe tabled the Curateur public du Québec’s 2017-2018 Annual Report in the National Assembly on February 5.
(February 5, 2019) Because your protection mandate is an expression of your wishes, preparing it takes a lot of thought. However, it might be a good idea to share three important details about your mandate with your loved ones.
(January 30, 2019) Yes. Regardless of how the protection mandate was prepared (by you, or by a notary or a lawyer), there will be fees for having it homologated, in other words, validated and approved by the court.
(January 22, 2019) Among other things, a tutor is responsible for protecting and safeguarding the minor’s assets until the latter reaches full age. The tutor can perform certain acts alone, but others require the authorization of the tutorship council or even the court. This is known as the powers of simple administration.
(January 18, 2019) When it comes to appointing the person who will take care of you or your affairs should you become incapable, the natural choice is often a spouse or a child. But these days, more and more people are choosing not to marry or have children.
(January 14, 2019) Congratulations! You’ve prepared your protection mandate. Now, where to keep it? Keep the original in a safe place, known to your mandatary, and give them a copy. A safe place is not a box of keepsakes in the attic, under your stack of bills, or on top of the fridge with the circulars. Keep your mandate with all your other important documents, for example, in a filing cabinet, a safe, or a safety deposit box at the bank, and let your mandatary know where it is.
(January 10, 2019) The Public Curator, Denis Marsolais, was in Valleyfield today to meet with incapable persons and to visit the organization Psycohésion, which provides support to people with mental illness.
(December 21, 2018) December 21 is the first official day of winter. Some people might say it started back in November, but what can we do? Winter is just a fact of life!
(December 14, 2018) Incapable or not, it’s only normal to want to spoil the people you love. But can an incapacity prevent you from doing so? In theory, no, but to make life easier for yourself, you’re better off stating your wishes in your protection mandate.
(December 11, 2018) A protection mandate is valid for only one adult at a time; you can’t have one protection mandate for two people, whether or not you’re a couple (or even married). A mandate that has been homologated (taken effect) applies to the health condition and protection needs of a single person who has become incapable, not two people.
(December 5, 2018) To mark the International Day of Persons with Disabilities, which took place on December 3, the Curateur public du Québec organized a Christmas market at its head office in Montréal. This year’s theme focused on persons with disabilities: their autonomy, participation and equality.
(December 5, 2018) How to properly assess a patient’s incapacity? What are the physician’s obligations to an incapable patient whom they wish to treat? What should they do when protective supervision needs to be instituted?
(November 28, 2018) When a person is incapable, it’s normal to think that they absolutely need formal protection, whether in the form of a tutor or a curator. In fact, instituting a protective supervision isn’t always needed to keep an incapable person safe, which is the case if they have a loving family.
(November 23, 2018) Preparing your protection mandate is very important, as it’s the best way to choose who will take care of you and make decisions on your behalf should you one day become incapable. But how much does it cost? The costs vary, depending on how you choose to prepare it. Essentially, when it comes time to preparing your mandate, you have two choices: use a notary or a lawyer, or do it yourself.
(November 21 2018) The decision to institute protective supervision because you have been declared incapable comes with serious consequences, and in the event you regain your mental faculties, it’s only normal that you’d want your independence back. That’s why you have the right to request a reassessment at any time, regardless of what type of protection you are under. Here’s how to go about it.
(November 19, 2018) Yesterday was the last day of our protection mandate ad campaign. Over the past few weeks, we’ve stressed the importance of choosing someone you trust to protect you, and of preparing your mandate to protect yourself should you ever become incapable. If you haven’t already done so, you can download a free copy of the protection mandate from our website.
(November 13, 2018) Your life changes, and your needs along with it, which is why it’s recommended to change your protection mandate from time to time, while you’re still in full possession of your faculties.
(November 9, 2018) The annual flu vaccination campaign got underway on November 1. If you have an incapable person in your family, it’s important to remember the main principles of consent to care. The golden rule: All persons, including those who are under protective supervision or who have a protection mandate, are presumed to be capable of consenting to care. Their ability to do so must be confirmed each time a medical procedure is offered.
(November 2, 2018) While the Curateur public du Québec has made every effort to limit the inconveniences associated with the Canada Post strike, our mail correspondence with our partners and clients may be affected by the delays.
(October 18, 2018) When it comes to finances, kids don’t generally have any money to manage besides their allowance and no property to speak of other than their toys. Sometimes minors are named in a will and end up receiving buildings, money, investments, valuables, etc. If the patrimony exceeds $25,000, what do the people responsible for the young heir (parents or tutors to the property) need to do?
(October 15, 2018) Don’t wait—fill out your protection mandate now to choose someone you trust who will protect you in the event incapacity strikes. This is the important message being sent out today by the Curateur public du Québec in its new advertising campaign. Between October 15 and November 18, 2018, watch for the ad on Facebook and other digital platforms, such as YouTube.
(October 10, 2018) Every year on October 10, the World Health Organization joins in celebrating World Mental Health Day. This year’s theme is “Young people and mental health in a changing world.” But, of course, people of all ages are touched by this very common problem, not just young people. The Ministère de la Santé et des Services sociaux even estimates that one in five Québecers will suffer from a mental illness during their lifetime.
(October 4, 2018) When you have just been appointed tutor or curator to an incapacitated person, there are often many decisions to be made regarding that person's property. What to do with their car? Their house? And what about their personal effects?
(October 2, 2018) Seniors play an important role in our society. Yet, they’re often faced with the prejudice that aging goes hand-in-hand with incapacity. Of course, the older we get, the greater our risk of suffering from a neurodegenerative disease such as Alzheimer’s.
(September 28, 2018) An election often inspires citizens to take a stand on the issues that matter to them, either by volunteering for a political party or even becoming a party member.
(September 21, 2018) Whenever you need help or support, you tend to ask the people you know best, the people who are important to you and who will share your happiness and worries. These people—often your family members or best friends—are your strongest allies. They know what makes you tick and they’re always willing to listen. You can rely on them and trust them completely.
(September 13, 2018) October 1, 2018, is election day in Québec. Citizens are urged to head to the polls, but is an incapable person allowed to vote?
(September 11, 2018) You’ve been thinking ahead. You’ve filled out your protection mandate and appointed a loved one as your mandatary in the event you are declared incapable. The likelihood of you ever needing this document because you are declared incapable is very slim. But if it did happen, would your protection mandate take effect automatically? The answer is no! It needs to be approved by the court in order to be valid, and this process is called “homologation.”
(September 3, 2018) It’s Labour Day, and thousands of Québec employees have a paid day off today. Incapable persons are full-fledged citizens who can also contribute to the economy and hold down a job. But how is their pay managed? It all depends on the type of protective supervision they are under (tutorship, curatorship, or protective supervision with mandatary).
(August 30, 2018) The last month of summer, September means back-to-school time for thousands of students across Québec. Students of all ages (children, teens and adults) walk the halls of learning. Your 22-year-old incapable sister, who is under your protection, says she wants to go to school. What should you do? Does she have the right to register along with the other students? Yes and no, it depends.
(August 23, 2018) No one wants to end up incapable. Some people are born with a condition that will make them incapable once they reach adulthood. Others may lead perfectly healthy and balanced lifestyles, but they’re not immune to accidents or illness. Incapacity isn’t something you can control.
(August 21, 2018) When a person is unable to manage their own assets and requires protective measures, someone will be appointed to assist them, whether under a tutorship, curatorship, or homologated mandate, as the case may be. But does that mean that an incapable person can no longer buy things on their own? No! In fact, in many cases, they can keep doing exactly that!
(August 16, 2018) Think you’re too young to prepare your protection mandate? Think again, because incapacity doesn’t necessarily go hand in hand with old age. In fact, it can strike at any time.
(August 14, 2018) The new school year is fast approaching, and advertisements are already popping up everywhere for school supplies. Does your child have a certain amount of money? And are you wondering whether or not you can use some of it to pay for their school supplies?
(August 7, 2018) Preparing your protection mandate is the best way to protect yourself in the event you become incapable—and it’s something you can do yourself. Simply download the free form available on the Curateur public du Québec’s website.
(August 3, 2018) Imagine for a moment that you suddenly became incapable from one day to the next. It’s not a very pleasant thought, but it’s something that could happen.
(July 30, 2018) It’s summer! And that means vacation and relaxation, and time for a change of scenery for many people. For example, you may have gotten into the habit of spending a few weeks each year at your summer cottage.
(July 23, 2018) The Curateur public has just published its Plan d’action à l’égard des personnes handicapées 2018-2019 [2018-2019 Action Plan on Persons With Disabilities], which contains the measures the Curateur public plans to put forward this year to promote the social engagement of persons with disabilities, as well as a summary of actions carried out in the past year.
(July 18, 2018) There’s no longer any excuse for not having a protection mandate. The Curateur public recently did a complete overhaul of its Protection mandate to make the process much easier for you.
(July 13, 2018) A protection mandate does not necessarily cost anything to produce. The Curateur public du Québec provides the public with a free version that you can complete in the comfort of your own home. If you decide to make your own mandate, known as a mandate by private writing, it is advisable to have one of your two witnesses sign an affidavit.
(June 18, 2018) Denis Marsolais, notary emeritus, takes office today as Québec’s new Public Curator. He was appointed by Cabinet on May 16 to replace Normand Jutras, who is retiring.
(June 8, 2018) Being incapable doesn’t mean you can no longer have a good time! When summer rolls around, we all like to take advantage of the beautiful weather and many of us decide to go away on holiday. But, what about incapable people? Can they travel?
(June 5, 2018) We often confuse the roles of legal representative and caregiver, which is not surprising, since both involve making a commitment to someone in need of support. In both cases, the person stepping into the role needs to be selfless and kind. But there are differences between the two.
(May 30, 2018) At public events such as trade fairs and conferences, we meet with thousands of citizens to talk about the protection of incapable persons, but also to answer their questions and address their concerns.
One of the questions that often comes up is: Does my protection mandate need to be notarized in order to be valid? In other words, does your mandate need to be drawn up by a notary in order for it to be legal in the event you need it one day?
(May 29, 2018) In Québec, no one can be forced to receive treatment against their will, meaning that even if a person is declared legally incapable and placed under protective supervision (homologated mandate, tutorship or curatorship), they are presumed fit to give their consent to care—or to refuse it—starting at the age of 14.
(May 17, 2018) When you have children, it’s difficult to imagine not being able to take care of them yourself. But, tragically, if you were to become incapable or die, who would look after them? Designating a tutor for your minor children is easy.
(April 20, 2018) If you are the father or mother of a child, you have a legal obligation to provide for their needs by assuming the costs related to ensuring their well-being. This obligation, called the obligation of support and maintenance, refers to expenses related to things like food, lodging, clothing, education, and recreational activities, such as summer camp.
(April 13, 2018) You have been declared incapable. This means that a mandatary, tutor or curator takes care of you and looks after your finances. However, this doesn’t change the fact that you are still a full-fledged citizen who has the right to express your opinion.
(April 12, 2018) Starting April 16, the reception desk at head office and the general information department will be open from 8:30 a.m. to 12 p.m., and 1 p.m. to 4:30 p.m., except for Wednesdays, when we are open from 10 a.m. to 12 p.m., and 1 p.m. to 4:30 p.m.
(April 3, 2018) The 2018-2019 fees for services provided by the Curateur public to incapable persons under public supervision are now available on the website.
(March 15, 2018) You have been declared incapable of managing your own property, meaning that someone else will now have to manage your assets (all of your property and money). This also means that you can no longer make major purchases, such as a recreational vehicle, a home or a boat, on your own.
(March 14, 2018) When someone becomes incapable, what happens to their place of residence? Does the person have the right to move?
(March 6, 2018) Tax return season is upon us. Did you know that an incapable person must do theirs? But who must ensure that this formality is completed?
(March 5, 2018) Today is the last day of our advertising campaign. Over the past few weeks, we’ve stressed the importance of friends and family members taking care of their incapable loved ones.
(February 22, 2018) The Forum sur la maltraitance matérielle et financière envers les personnes aînées (Forum on the financial and material maltreatment of seniors) has just wrapped up in Québec, where the Curateur public took the opportunity to share its expertise, speak with the stakeholders involved in the fight against maltreatment, and propose solutions for countering this phenomenon.
(January 22, 2018) You’ve been seeing our advertising campaign on Facebook for the past two weeks, but have you heard our radio ad yet?
(February 14, 2018) When two people are united by the bonds of matrimony or civil union, they sign an official contract that comes with legal implications. To do so, they must both be declared capable and have the right to make decisions for themselves.
(February 13, 2018) Following the launch of its awareness campaign, the Curateur public du Québec encourages you to visit its new Web page entitled “How to protect an incapable loved one.”
(January 8, 2018) If ever you’re asked, say yes! This is the important message conveyed today by the Curateur public du Québec in its new advertising campaign to promote the commitment that family and friends can make to an incapable loved one.
(January 26, 2018) YES! Incapable persons are now better protected against abuse since it became mandatory to immediately report cases of maltreatment following the introduction last May of Bill 115.
(January 11, 2018) Your father was just declared incapable by a doctor. Does that mean he’s no longer able to drive his car?
(January 8, 2018) January is Alzheimer’s Awareness Month. It is estimated that three in four Canadians know someone who has been diagnosed with the disease.
An incurable and irreversible disease that destroys the brain cells and affects thinking and memory, Alzheimer’s affects close to 500,000 people in Canada, including more than 120,000 in Québec.
(January 3, 2018) Winter is synonymous with stunning landscapes and outdoor fun, but the season also has its downside. Frigid temperatures can have harmful health effects, for example, by aggravating certain diseases.
(December 1, 2017) When a disabled person requests an accommodation to obtain a document or a service, the Curateur public must provide methods of communication adapted to his needs.
(November 29, 2017) Contrary to what many people believe, the Curateur public du Québec no longer manages unclaimed property, which has actually been the case since April 2006, when this responsibility was transferred to Revenu Québec, which receives, provisionally administers and liquidates unclaimed property.
(November 23, 2017) The legal representative responsible for administering the property of an incapable person under tutorship or curatorship is required to provide a security if the value of the patrimony to be managed exceeds $25,000. What is a security? Why do I need one? How do I get it?
(November 17, 2017) People who are visually impaired can now have access to the Protection mandate thanks to an audio version. Available for free in French and English, it contains the entire contents of the recently simplified Protection mandate (guide and form).
(November 15, 2017) The Minister of Families, Luc Fortin, tabled the Curateur public du Québec’s 2016-2017 Annual Report in the National Assembly on November 14. This report contains the results for the first year of the Curateur public’s 2016-2021 Strategic Plan and those for the third year of its Statement of Services to Citizens.
(November 13, 2017) There’s the Curateur public, the organization, and then there’s the Public Curator, the person appointed by the cabinet. In this touching video, find out more about the work done on a daily basis by Québec’s Public Curator, Normand Jutras, and his team to carry out the selfless and noble mission entrusted to them.
(November 10, 2017) Crazy busy? Wish you could be in several places at the same time? Your busy schedule shouldn’t prevent you from protecting yourself in the event you’re incapacitated.
(November 8, 2017) The new issue of Le Relais, intended for tutors and curators of an incapable person as well as the members of the tutorship council, is now online.
(November 2, 2017) Municipal elections will be held in Québec on November 5. Are incapable persons allowed to vote?
That all depends. People under tutorship or with a homologated protection mandate may exercise their right to vote, but people under curatorship may not.
(November 1, 2017) The flu vaccine campaign is underway. The Curateur public wishes to remind the public that its consent to the vaccines included in the Protocole d’immunisation du Québec (PIQ) is implicit for people under its representation who are unable to provide consent.
(October 30, 2017) The Public Curator, Normand Jutras, is in Îles-de-la-Madeleine and Gaspésie this week to meet with incapable persons and their loved ones, as well as the Curateur public’s regional partners.
(October 27, 2017) Nicole Filion, executive director of the Direction générale des affaires juridiques at the Curateur public, has been appointed co-chair of the task force charged with examining requests for medical assistance in dying submitted by incapable persons, in particular, advance medical requests.
(October 25, 2017) We all love our furry and feathered friends. But what would happen to them if you suddenly became incapable? How can you make sure your animals will be well cared for if you can’t look after them yourself?
(October 16, 2017) The Curateur public du Québec today launched a brand new, completely redesigned version of the protection mandate. The protection mandate guide and form have been simplified. A protection mandate is a document in which you appoint the person who will take care of you and your property in the event you become incapacitated, and a great deal of work has gone into making it easier to prepare. See the press release for more information.
(September 21, 2017) Alzheimer’s and degenerative diseases are the second leading cause of incapacity in incapable persons under public protective supervision. They are also the cause of incapacity in half of all new protective supervision cases instituted in 2015-2016. To mark World Alzheimer’s Day, the Curateur public reminds you that the protection mandate is still the best way to determine what will become of you and your property in the event you are declared incapable.
(August 24, 2017) When you have just been appointed tutor or curator to an incapacitated person, there are often many decisions to be made regarding that person’s property. What to do with their car? Their house? And what about their personal effects?
(August 16, 2017) Are you someone who plans ahead and wants to know whether it’s better to prepare a protection mandate, a power of attorney or a will? Take note that each of these documents has a different purpose.
(August 7, 2017) Today the Curateur public is putting on line revised versions of the forms required when making an application to institute protective supervision or to homologate a protection mandate.
(July 31, 2017) Due to unforeseen circumstances, our office in Gatineau—located at 16, Impasse de la Gare-Talon—will be closed from August 7 to 11. In case of an emergency, you may call us at 1 877 221‑7043. We apologize for the inconvenience and thank you for understanding.
(July 19, 2017) Did you know that since the new Code of Civil Procedure came into effect in January 2016, you can send your legal proceedings online to the Curateur public du Québec? Your documents will be sent securely and confidentially through the Send legal proceedings online page. Simply create a single PDF file containing all the documents you wish to send.
(July 7, 2017) As a legal representative, a member of a tutorship council, or a represented person, you are required to notify the Curateur public du Québec if you’re planning a move.
The Curateur public needs a valid address where it can send various documents or legal notices, which is why it’s important to inform us if you’re moving.
(June 15, 2017) The abuse of our society’s most vulnerable members is unacceptable, something the Curateur public wants to make perfectly clear on the occasion of World Elder Abuse Awareness Day.
(June 8, 2017) Public Curator Normand Jutras is in Gaspésie this week to meet with incapable persons and their loved ones, as well as the Curateur public’s partners at the Centre intégré de santé et de services sociaux de la Gaspésie.
(June 7, 2017) On this final day of the Semaine québécoise des personnes handicapées, the Curateur public is pleased to present its Plan d’action à l’égard des personnes handicapées 2017‑2018 [2017‑2018 Action Plan on Persons With Disabilities].
(June 2, 2017) Incapable persons are now better protected against abuse thanks to the requirement to report situations of abuse without delay.
(May 31, 2017) A tutorship to a minor is often surrounded by difficult circumstances. Tutors can rely on the dedicated staff members at the Curateur public to guide them in their new tasks and responsibilities. Better yet, the staff members are always standing by to offer support to tutors throughout the protective supervision process, from the time it is first instituted to the production of the final report, when the child reaches full age. Read more about the services these employees provide to tutors on page 7 of the latest issue of Le Lien (PDF).
(May 29, 2017) Nine in ten Québecers would be willing to represent a loved one who became incapable. If you had to do this for a loved one, would you know what was involved?
(May 25, 2017) The new issue of the Le Lien newsletter is now online. Le Lien is intended for the tutors of a minor child and for the members of the tutorship council.
(May 24, 2017) Nine in ten Québecers would want a loved one to make decisions about their person and their property if they were to become incapable. This is a perfectly natural thing to want, because who better than a spouse, family member, or friend who knows and loves you to take care of you in your time of need?
(May 15, 2017) To mark the International Day of Families, the Curateur public is paying tribute to all those who care for an incapable loved one.
That’s what Québecers want, with nine in ten saying they’d like a loved one—a spouse, family member, or friend—to make decisions about their person and their property if they were to become incapable.
(May 11, 2017) Are you involved in or concerned by the administration of the property of a minor child who is under tutorship? The next issue of the Le Lien newsletter might be of interest to you. In it you’ll find useful information about preparing the annual report and an interview with two officers from a Direction territoriale who help tutors to minor children and secretaries of tutorship councils to carry out their responsibilities. Subscribe to the electronic version to receive the next issue by email.
(May 1, 2017) National Mental Health Week runs until May 7. This annual campaign to promote mental health recommends "7 tips for recharging your batteries", all great strategies for improving your psychological well-being. These tips (accept yourself, take action, embrace your feelings, make new discoveries, make choices, create ties, get back to basics) will help you to build, strengthen, and develop your mental health, and can be applied individually and collectively.
(April 26, 2017) Public Curator Normand Jutras is in Trois-Rivières, where he met with management at the Centre intégré universitaire de santé et de services sociaux de la Mauricie-et-du-Centre du Québec, representatives of a community organization, and the local media.
(April 12, 2017) Contrary to what many people think, the Curateur public du Québec no longer takes care of unclaimed property. In fact, this responsibility was reassigned in April 2006 to Revenu Québec, which receives, provisionally manages, and liquidates unclaimed property.
(April 7, 2017) An assessment done by a doctor or a social worker finds that your mother is incapable. You assume that means her protection mandate will take effect. Wrong! Contrary to what 58% of Québecers believe, a protection mandate doesn’t take effect simply because a doctor or a social worker thinks it’s necessary.
(April 3, 2017) April is Autism Awareness Month in Québec. Several different activities are taking place throughout the province to promote awareness for autism and to demystify certain behaviours that still seem to be frowned upon.
(April 1, 2017) The 2017-2018 fees for services provided by the Curateur public to incapable persons under public protective supervision are now available on our website. The fees listed are paid from the patrimony of the represented person. However, they may be waived under certain conditions.
(March 20, 2017) One of the lesser known aspects of the Curateur public du Québec’s mission is the administration of the property of minor children. When the value of their child’s assets exceeds $25,000, the parents must account for their administration to a tutorship council and to the Curateur public.
(March 16, 2017) Are you in the middle of doing your taxes? So are we at the Curateur public du Québec, which files more than 27,000 tax returns each year for people under tutorship or curatorship. If you need help filing an incapable loved one’s taxes, check to see if you qualify for the Volunteer Program...
(March 13, 2017) Québec’s public curator, Normand Jutras, will give a presentation at the Salon de l’autisme TSA du Québec, in Lévis, on March 31, at 10 a.m., where he will talk about incapacity, the protection of incapable people, the protection mandate, and the role of the Curateur public. You can book your spot now through the online ticket office or purchase your ticket onsite. Representatives from the Curateur public will also have a booth at the event on March 31 and April 1 to meet with visitors and give out information. For more information, visit the website of the Salon de l’autisme TSA du Québec .
(March 10, 2017) We’re all alike! That’s the theme of Québec’s Intellectual Disability Week, which runs from March 12 to 18. The goal of the event is to break down prejudices about intellectual disabilities, emphasize our similarities, and encourage inclusion.
(March 6, 2017) Do you need help with your role as legal representative? Are you looking for an organization that can provide support for the person you represent? Visit the Curateur public du Québec's website for the recently updated Directory of external resources.
(March 3, 2017) What does it mean to be incapable? When does protective supervision have to be instituted? What does protective supervision entail? In order to answer these questions and meet with citizens at the organizations they frequent, a representative of the Curateur public will give a series of presentations.
(February 28, 2017) Did you know that the Curateur public is required to keep three registers of protective supervision: one for persons of full age under tutorship or curatorship, one for incapable persons under homologated protection mandate, and one for minors under tutorship. Why?
(February 24, 2017) The protection mandate, power of attorney, and will are three important documents. But, beware: They don’t all work the same way.
A will is the only one that takes effect after your death, whereas a protection mandate and a power of attorney can be enforced during your lifetime.
(February 16, 2017) Are you are under the protection of a tutor, curator, or mandatary? If so, you have the right to request a review of your situation. You will need to submit to two reassessments (medical and psychosocial).
(February 14, 2017) As we all know, no one is immune to Cupid’s arrow. But, is it possible for incapable persons to get married?
That all depends. Incapable persons are full members of society with all the civil rights that entails, even though their tutor, curator, or mandatary must exercise those rights on their behalf.
(February 10, 2017) A great opportunity to talk about the protection mandate!
The Curateur public du Québec will have a stand at a home show: Why? Because when you are making important decisions, such as buying property, you need to think about who will take of you and your property if you should become incapacitated.
(February 8, 2017) Who will look after your children if you die or become incapacitated? You can use your protection mandate or will to appoint a tutor for your minor child. Or, you can just send a written declaration to the Curateur public du Québec.
(January 31, 2017) The tutorship council serves as the main support for tutors and curators as they carry out their responsibilities to incapacitated individuals. It is created when private tutorship or curatorship is instituted to protect a person of full age. The council is made up of individuals who are appointed by the court to ensure that the tutor or curator acts in the interests of the incapacitated person, makes sound decisions on the person’s behalf, sees to their physical and psychological wellbeing, and properly administers their property. For more information about the tutorship council, see role and responsibilities of the tutorship council.
(January 26, 2017) Quite often, the family plays a central role in an incapable person’s life. One of the main responsibilities of a family member who is acting as tutor or curator to an incapable person is to draw up an inventory of the person’s property.
(January 20, 2017) The Curateur public today filed a brief with the Commission des relations avec les citoyens stating its position on Bill 115...
(January 12, 2017) More than 141,000 Québecers are currently living with dementia, with 17 new cases being diagnosed each day. For Alzheimer Awareness Month, the Curateur public wants to remind everyone that dementia doesn’t discriminate.
(January 9, 2017) Winter can be beautiful, but it can also be very dangerous. Frigid temperatures are no laughing matter, and while no one is immune to the cold, some people are more vulnerable than others, in particular people with conditions that make them more sensitive to low temperatures (heart and respiratory failure, diabetes, neurological disorders that cause an insensitivity to pain or alter the perception of danger).
(December 13, 2016) A power of attorney is a document that authorizes a person to perform certain acts on your behalf in relation to your property. A power of attorney can be general, meaning it applies to the administration of all your affairs, or it can apply to only one specific act, for example, the sale of your car. It does not need to be notarized. You decide when a power of attorney takes effect and when it ends. In theory, a power of attorney stops being valid once you are no longer able to oversee the actions of the person to whom you gave it, or if you are declared incapable by the courts. For more information about the power of attorney, visit the Ministère de la Justice website .
(December 7, 2016) It's the last day of our advertising campaign! It’s time to say goodbye to the wishy-washy cousin, the lazy nephew, and the well-connected brother‑in-law. We hope this campaign got you to think about the importance of choosing a trusted person as your mandatary and, of course, of preparing your protection mandate!
(December 2, 2016) By-elections will be held on December 5 in the provincial ridings of Arthabaska, Marie-Victorin, Saint-Jérôme, and Verdun.
(December 1, 2016) The Curateur public du Québec's 2016-2021 Strategic Plan was tabled in the National Assembly on November 30, 2016. As stated by Public Curator Normand Jutras, the strategic plan is "… the outcome of a long process motivated by a desire to constantly improve our services for incapable persons. The Curateur public's employees and partners were also consulted in the development of this plan." This document is now available on our website. Find out more about the targets set by the Curateur public to respond to the challenges currently facing Québec society.
(November 30, 2016) The Minister of Families, Sébastien Proulx, tabled the Curateur public du Québec's 2015-2016 Annual Management Report in the National Assembly on November 29. The report outlines the Curateur's positive results and the steps taken to pursue its mission to protect incapable persons. The financial statements for accounts under administration for the period ending December 31, 2015, round out this report and have been approved by Québec's Auditor General, Guylaine Leclerc.
(November 25, 2016) The 2016 campaign consisting of 12 days of activism on violence against women runs from November 25 to December 6. Take the time to visit the page on the topic on the Conseil du statut de la femme website (in French) and to consult the schedule of activities set to take place throughout Québec. Rallies are planned for Tuesday, December 6, in Montréal and in front of the National Assembly in Québec City .
(November 18, 2016) The latest survey on the protection mandate showed that people rarely give a thought to the possibility of becoming incapable. In fact, almost one in five people interviewed said that the reason why they hadn’t prepared their protection mandate was because they are young and healthy. A funny post on the Urbania website urges us to think about the topic (in French) , because incapacity isn’t something that affects only the elderly, and no one is immune from an accident or a health problem. You’re never too young or too healthy to prepare your mandate. Do it now!
(November 10, 2016) The latest issue of Les Affaires is all about the protection mandate (in French) . Be sure to check out the first two articles, which cover a variety of topics such as choosing a mandatary and family dynamics. Founded in 1928, Les Affaires is a popular Québec magazine about business and personal finance. Our website also contains a wealth of useful information about the protection mandate.
(November 1, 2016) The flu vaccination campaign is in full swing in Québec. The Curateur public’s consent to the vaccines included in the Protocole d’immunisation du Québec (PIQ) is implicit for people under its representation who are unable to provide consent. The flu vaccine is included in the protocol.
(October 31, 2016) Phase 3 of our advertising campaign is here! After making the acquaintance of Well-connected Brother-in-law and Wishy-washy Cousin, now meet Lazy Nephew—another character who brings a smile to your face, but who still makes you stop and think, because no one would want him as their mandatary.
(October 27, 2016) Because incapacity can strike at any age, the Curateur public wishes to educate a younger audience about the importance of preparing their protection mandate. As part of its advertising campaign, it is targeting young parents through the blog called TPL Moms and young adults through the Narcity website. Take a few minutes to read the post by a blogger who feels it is crucial to designate in her protection mandate the person who will take care of her children in the event she is declared incapable (in French) , as well as a list entitled “Les 9 personnes que tu devrais garder dans ta vie pour toujours” (The 9 people you should keep in your life) —food for thought about the people best suited to be appointed a mandatary. Enjoy!
(October 24, 2016) The Public Curator will appear tonight on Les Éclaireurs, a Radio-Canada Première magazine program focused on consumer trends and health . Public Curator Normand Jutras will answer questions during the show hosted by Sophie-Andrée Blondin, airing between 7 p.m. and 8 p.m. on 95.1 FM.
Today also marks the launch of the second version of the Curateur public’s advertising campaign, featuring a woman who can’t make up her mind. Food for thought about the importance of preparing your mandate AND choosing the right mandatary!
(October 17, 2016) Today, the Curateur public du Québec launched an advertising campaign aimed at encouraging more Québecers to prepare their protection mandate. The campaign uses a touch of humour to get people to understand the importance of choosing the person who will care for them in the case of incapacity.
(October 14, 2016) You are the tutor or curator for an incapable person who lives in his own home. You are in charge of administering his property. Can you sell the building? That all depends. You first need to ask yourself if the person wants to continue living in the house. Is he capable of living in the house? If he needs to be housed elsewhere, what does he want to do with the house? Can his spouse or children continue living in it? Can they share the costs?
In 2015-2016, the Curateur public participated in more than 40 trade shows and conferences across Québec in order to promote its mission and encourage Québecers to think ahead by preparing their protection mandate. For more information about our conferences, contact our public events manager.
(October 12, 2016) Further to the Curateur public's representations to the Régie de l'assurance maladie du Québec (RAMQ), both organizations now share the same understanding of the legislative provisions stipulating that a person can act on behalf of another person who is unable to do so.
(October 6, 2016) If your child has a patrimony over $25,000, you have certain obligations as the legal tutor, including providing a guarantee, called a security. There are different types of securities, including the security investment, which has been available since 2014. This product is offered to legal tutors only, through an agreement between the Curateur public and Épargne Placements Québec. The security investment lightens the reporting requirement for tutors, and exempts them from providing or maintaining another form of security. In some cases, it also exempts tutors from forming a tutorship council. To benefit from these advantages, tutors must deposit all the money they are administering for their child into this account. For more information, consult the Security page.
(October 4, 2016) Is your mother showing signs of Alzheimer’s? Is your brother, who suffered a traumatic brain injury, no longer capable of managing his affairs? Is your sister’s mental illness getting worse? When a loved one can no longer take care of himself or manage his affairs due to illness, accident, or age-related loss of autonomy, what can you do to help?
(October 3, 2016) The Curateur public du Québec publishes four newsletters that contain a wealth of information. There’s Le Relais, for tutors or curators to a person of full age and members of tutorship councils. It features information about the different aspects of protecting a person who is incapacitated and administering his or her patrimony. Le Lien is intended for tutors of minor children and members of tutorship councils, and contains information about the various aspects of administering a minor’s property. The Curateur public also publishes Le Point for partners in the health and social services network, as well as the Bulletin de veille, which covers topics related to incapacity and the legal protection of people in Québec and elsewhere.
You can consult and subscribe to these publications by visiting the Newsletters page.
(September 28, 2016) What would happen if you became incapable without having a protection mandate? Once your incapacity has been confirmed by a physician and a social worker, it’s too late to prepare a mandate. This document must be drawn up while you are completely lucid. However, the law provides for alternatives for incapable persons who require protection. In the absence of a protection mandate, the court or a notary will call a meeting of relatives or friends to designate the person who will take care of you and your property. If no one you know can or wants to act as your tutor or curator, this responsibility will fall to the Curateur public. Follow the example of 2.8 million Québecers and prepare your protection mandate—the best way to make sure your wishes about your person and property are respected in the event you become incapacitated. Click here to begin preparing your mandate.
(September 23, 2016) A new version of My protection mandate is now available. Among other changes, the 2016 version includes the recent amendments made to the Code of Civil Procedure. Its less cluttered layout makes it easier to read, and there is an explanatory guide to help you through the process, which can be done at a time and a pace that are convenient for you. In other news, the online version of the form, available for free on the Curateur public du Québec website, can now be filled out on screen—simply print it and sign it. My protection mandate is an essential tool in the protection of the person. More than 2.8 million Québecers, or 42% of the adult population, have prepared their protection mandate. View the press release (in French) .
(September 21, 2016) September 21 is World Alzheimer's Day. The World Health Organization estimates that 47.5 million people worldwide were affected by the disease in 2015—more than the entire population of Canada. In 2015-2016, degenerative diseases, including Alzheimer’s, were the reason for incapacity in approximately half of new public protective supervision cases handled by the Curateur public. In the next 15 years, 1.4 million Canadians will be diagnosed with Alzheimer’s disease. The best way to ensure your wishes related to your person and property are respected in case of incapacity is to draft a protection mandate.
(September 15, 2016) A lesser known aspect of the Curateur public’s mission is the administration of the property of a minor child. One of the Curateur public’s roles is to monitor the administration of the property belonging to children under their parents’ tutorship and whose patrimony exceeds $25,000, as well as minors who have a dative tutor to the property, regardless of the value of the patrimony. The Curateur public exercises this role jointly with the tutorship council.
(September 13, 2016) A protection mandate needs to be homologated before it can take effect. This is an official procedure that allows the court to verify the existence and validity of the mandate. So, how long does it take to homologate a mandate? In some cases, homologation can take up to a few months. The length of time depends on how long it takes to obtain the medical and psychosocial assessments, whether the notary or the clerk is available to interview the mandator, the backlog in the Superior Court rolls if the application is contested, etc. Find out more about the homologation of a protection mandate.
As long as the court has not confirmed the incapacity of a person requiring protection, he/she is considered capable of exercising all of his/her rights, including voting and preparing a will.
(September 7, 2016) Do not underestimate the importance of appointing substitute mandataries when preparing your mandate. If your mandataries die, become incapable, or are unable to take on this role for any other reason, it will be impossible to have the mandate homologated if you haven't appointed substitutes. At that point, it may be necessary to begin the process of instituting protective supervision (tutorship or curatorship) by a loved one or by the Curateur public. As with the mandatary, the substitute must be kept informed of and agree to this process. According to a survey commissioned by the Curateur public du Québec, 76% of respondents who had prepared their mandate said they had appointed one or more substitutes. Most often, a spouse or a child will be appointed as mandatary, in 43% and 42% of cases, respectively.
(August 29, 2016) What is mistreatment? Would you be able to recognize abuse committed against an incapable person? The abuse of vulnerable persons is unacceptable. Unfortunately, the victims are often reluctant to report it. For this reason, it is very important to come to their aid by reporting cases of abuse. For more information about the different types and signs of mistreatment, and what to do if you're faced with an unacceptable situation, see page 7 of the latest issue of the Le Relais newsletter (PDF).
(August 25, 2016) Anyone under protective supervision is entitled to a level of protection suited to his situation. Over time, his condition can change. For this reason, it's important that his need for protection be periodically reassessed: every three years for people under tutorship and every five years for those under curatorship. The reassessment covers two aspects; the medical assessment will determine the state of his health, and the psychosocial assessment will focus on his degree of autonomy and need for protection. Do you take care of an incapable person whose condition has either improved or appears to be worsening? You can request a reassessment at any time. For more information, see the latest issue of the Le Relais newsletter (PDF).
(August 22, 2016) Agreeing to be an incapable person's legal representative is a major responsibility. However, for different reasons, the tutor or the curator may no longer be able to carry out the role. What happens then? Can he resign and, if so, how? Will the incapable person still be protected?
(August 19, 2016) A large part of an incapable person's happiness is linked to his living environment. The role of the tutor and the curator is, among other things, to see to the protected person's physical and emotional wellbeing. This responsibility also extends to his place of residence. If the person under your protection doesn't live with you, how can you make sure his living environment is adequate?
(August 16, 2016) The new issue of Le Relais is now available online. This issue covers the following topics:
Feel free to consult previous issues of the newsletter on our website. Enjoy!
(August 12, 2016) Today is the United Nations’ International Youth Day. According to a recent survey commissioned by the Curateur public, young people—the driving force of any community—also happen to be those who are least concerned about what might happen to them in the event they are declared incapable. In fact, only 14% of people age 18‑34 have a protection mandate. Yet, incapacity isn’t something that affects only the elderly. An accident or a stroke can occur without warning.
(August 2, 2016) Before using the voice or image of a person represented by the Curateur public du Québec in a feature report, interview or article, you must first request permission from the Curateur public to do so. Article 36 of the Civil Code of Québec requires it. When the Court places someone under tutorship or curatorship in the Curateur public’s care, the latter represents that person in the exercise of their rights, unless its responsibility is limited to the person’s property. That is the reason anyone wanting to record a represented person’s voice or use their image must request the Curateur public’s consent. When making a decision, the Curateur public will take into account the principles of inviolability and protection of the person’s integrity. Learn more about the utilization of an image or voice.
The Curateur public dealt with 341 reports in 2014-2015.
(July 19, 2016) The big day has arrived at last. You’re now married, either through a religious or civil ceremony. Congratulations! Did you know that the law gives a spouse the means to act on behalf of their partner if the latter cannot express their wishes?
(July 14, 2016) The members of the Curateur public du Québec's Audit Committee were given another term on June 16.
You can make changes to your protection mandate at any time after you've already written it, provided you're still in possession of all your faculties. Should something unforeseen happen, for example, your mandatary moves away or you get divorced, you may want to change your mandate to reflect your new situation. In that case, you would have to repeat the entire process.
(July 8, 2016) The protection mandate can serve many purposes, such as designating a tutor for your minor child. Of course, the mandate is the tool of choice for determining who will take care of you and your property in the event you are declared incapable. But, it’s also a document in which you can set out other wishes, such as who will act as tutor to your children who are under the age of 18. It is possible to appoint someone to protect the child’s person (to raise, house, feed, care for the child, etc.) and another person to protect his/her patrimony. The parents can appoint several tutors to the child’s property but only one tutor to his/her person. The latter must be a physical person, whereas the tutors to the property can also be legal entities (e.g., a financial institution).
(July 6, 2016) With the arrival of summer sometimes come less pleasant aspects of the season, such as sweltering heat waves, defined as a temperature of 30°C or higher with a humidex of at least 40°C.
Certain people are at higher risk of experiencing complications due to extreme heat.
(June 30, 2016) The Curateur public du Québec wishes to inform the public that it is taking every measure to minimize the possible inconveniences to its partners and clients due to a potential work stoppage at Canada Post. Thank you for your understanding.
(June 28, 2016) Do you think you can’t afford to have your mandate prepared? Maybe you didn't know you can prepare your mandate for free using the form available on the Curateur public's website. A Curateur public survey revealed that cost is an obstacle for fewer than 5% of respondents who don’t already have a mandate. Find out more in the document 8 myths about the protection mandate (PDF).
(June 27, 2016) Does preparing your protection mandate seem like an insurmountable task? Yet, fewer than 1% of respondents to a Curateur public survey who don’t have a mandate think that it's too complicated. A helpful tip for getting over this hurdle is to consult the practical information about the mandate on the Curateur public's website or to ask a lawyer or a notary for help. Find out more in the document Breakdown of Québecers according to their attitude toward the mandate (PDF).
(June 23, 2016) Does talking about the prospect of incapacity make you uncomfortable? Did you know that a survey commissioned by the Curateur public du Québec revealed that fewer than 1% of respondents who had no protection mandate said it was because they found the whole subject morbid? However, you need to be prepared in the event you’re declared incapable, like 58% of Québecers do by preparing a will in anticipation of their death. Find out more in the document 8 myths about the protection mandate (PDF).
(June 22, 2016) Are you young and healthy and think that you don’t need a protection mandate? Think again. An incapacity can strike at any age and isn’t something that only afflicts the elderly. In a survey commissioned by the Curateur public du Québec, 42% of respondents who don’t plan to prepare their mandate say that the possibility of an accident or an illness could spur them into action. Don't wait until it's too late to prepare your mandate. Find out more in the document 8 myths about the protection mandate (PDF).
(June 21, 2016) The Curateur public du Québec today released the results of a survey on the protection mandate, which reveals that 2.8 million Québecers, or 42% of the adult population, have prepared their protection mandate. This represents an increase of six percentage points compared to the results of previous surveys from 2010 and 2006.
(June 14, 2016) The Règlement sur les modalités d’accès au registre des directives médicales anticipées et son fonctionnement, a provision of the Act respecting end-of-life care, will officially take effect tomorrow, June 15. Can people under protective supervision write an advance medical directive (AMD)?
(June 7, 2016) An important milestone was reached today in the bill proposing amendments to the Civil Code, the Code of Civil Procedure, and the Public Curator Act as regards the protection of persons. In fact, the bill was tabled before the National Assembly by the Minister of Families, Sébastien Proulx.
(May 25, 2016) Aging and the illnesses associated with it are not the sole causes of incapacity. As at March 31, 2016, traumatic brain injuries, for example, accounted for 3% of new cases under public supervision. Since it's impossible to know what the future holds for you, it's best to think ahead by preparing your protection mandate.
More than 43,000 people in Québec are under protective supervision. Approximately 70% of them are under private supervision, and 30% under public supervision.
(May 10, 2016) Like all other citizens, persons under protective supervision are considered full citizens and, as such, must participate in the 2016 Census.
(April 26, 2016) During today's estimate of expenditures at the National Assembly, Sébastien Proulx, Minister of Families responsible for the Curateur public, agreed to allocate new funds to the Curateur public du Québec for the 2016-2017 fiscal year.
In 2014-2015, the Curateur public’s Direction médicale et du consentement aux soins processed 11,000 applications for consent to care, access to files, or appropriation and utilization of an image or voice. Learn more about consent to care.
(April 15, 2016) The mandate in case of incapacity was first introduced 26 years ago, with the enactment of the Public Curator Act. This official document, now called a protection mandate, is drafted by a person of sound mind for the purpose of appointing the person who will take care of them and their property should they become incapacitated. You can draw up your own mandate for free or with the help of a notary.
(April 14, 2016) When the value of a child's assets exceeds $25,000, the tutor must provide a security. This is a guarantee that will protect the child's patrimony until age of majority or emancipation. The amount and type of the security are determined by the tutorship council. Find out more about the different types of securities.
(April 7, 2016) Do you need to contact the Curateur public du Québec? Do you have a question or need information? You have several options. You can reach us by phone (514 873‑4074 or 1 800 363‑9020), by mail (600, boulevard René Lévesque Ouest, Montréal, Québec, H3B 4W9), or by email, using our online form. You can also visit us in person at our head office or at one of our 11 regional offices.
The Curateur public du Québec has not been responsible for the provisional administration of unclaimed property since April 1, 2006, when this responsibility was transferred to Revenu Québec.
(April 1, 2016) The 2016-2017 rate grid of fees for services provided by the Curateur public to incapacitated persons under public protective supervision is now available on our website. The fees listed are paid from the patrimony of the represented person. However, the fees may be waived if certain conditions are met.
(March 29, 2016) The Curateur public administers the assets of over 13,300 people under its protection. In managing these patrimonies, it ensures that decisions are made in the represented person's best interest, and in a manner that respects his/her rights and preserves his/her autonomy. It is committed to managing the assets entrusted to it with care, and to balancing the budget of represented persons based on their financial capacity. Over 200 Curateur public employees are assigned to administering assets totalling $476 M; this entails collecting government allowances and benefits, paying housing costs, and maintaining buildings owned by represented persons. Find out more about the Curateur public's role.
Staff in the Curateur public's Service des renseignements généraux handled 24,786 calls in 2014-2015.
(March 15, 2016) It is not always necessary to institute protective supervision. Support from relatives and friends can make all the difference and even fulfil the incapable person's need for protection. The family can choose the living facility that best suits the needs of the incapable person. As for the latter's property, a relative or a friend could, for example, receive and manage any cheques to which he/she is entitled.
All incapable persons under protective supervision are entitled to a review of their protection measure, on request.
(March 3, 2016) The lease renewal period is in full swing. Does a person under protective supervision have the right to sign a lease? A lease is type of contract. In general, people under tutorship or curatorship may not sign a contract. As for a person under homologated mandate, he/she is not regarded as legally incapacitated. The only restrictions on him/her as regards exercising his/her rights are the ones imposed upon him/herself in the mandate. An act performed by a person under mandate is legally valid unless it can be proved that he/she was unable to give free and informed consent.
(February 26, 2016) Between February 15 and 19, the Public Curator of Québec travelled throughout the Abitibi-Témiscamingue and Nord-du-Québec regions, giving talks on the protection of incapacitated persons. He mainly spoke to elderly citizens living in the community, but also to certain residents in long-term care facilities and members of their families. The most frequently asked questions pertained to the simple solutions for taking care of an incapacitated person and the protection mandate, in cases of both mental illness and degenerative diseases. Do you also belong to an organization whose members would benefit from hearing about the measures in place to protect incapacitated persons? Send a request to Corinne Harbec‑Lachapelle at 514 873‑5122—we might just accept your invitation!
(February 25, 2016) The purpose of a protection mandate, among other things, is to stipulate how you want your assets to be managed. But how much leeway do you want to give your mandatary? Find out the difference between simple administration and full administration, and which powers they grant to the person who will manage your affairs if you become incapacitated.
(February 15, 2016) The new issue of Le Lien newsletter is now online. The articles cover the following topics:
Le Lien is intended for the tutors of a minor child and for the members of the tutorship council. Click here to consult previous issues and to subscribe to the electronic version.
(February 8, 2016) Legal representatives who take care of the property of a person under tutorship or curatorship must file annual reports about their administration. Who does this document need to be sent to? In what case can you draft a simplified account? You can find all of these answers and more on the Administration reports page.
(February 3, 2016) The 2016 Barreau du Québec seminar on the protection of vulnerable persons definitely had a Curateur public connection. In fact, this year the continuing education activity was chaired by Public Curator Normand Jutras.
(February 2, 2016) You are waiting for homologation of a mandate in case of incapacity or the opening of protective supervision. Is there anything you can do during this time to protect an incapacitated person and his/her property? The answer is yes. Visit the While waiting for protection page to find out more about your options.
(January 25, 2016) When it comes to protecting a child's assets, several parties may be involved. However, the tutor to the property, whether dative or legal, plays a key role. Do you know the difference between these two types of tutors? Find out the answer on the Types of tutors page.
(January 21, 2016) In the hectic pace of everyday life, you may be tempted to put things off until later, for example, preparing your protection mandate. To make sure you don’t forget about this important task, sign up for our reminder emails. Depending on the frequency you choose, you will receive a monthly or a quarterly reminder email. You can unsubscribe at any time simply by ticking a box. Do it today—it’s free and convenient!
(January 19, 2016) When an incapacitated person is placed under private protective supervision, a loved one acts as the legal representative. He/she is supported by the tutorship council, which ensures that decisions are made in the best interest of the incapacitated person, and that he/she meets all of his/her obligations. What happens when a member of the tutorship council needs to be replaced?
(January 11, 2016) Are incapacity and the need for protection synonymous? What is the first thing you should do when you begin to suspect that a loved one who is starting to lose his/her autonomy requires protection? Is protective supervision an absolute must? Find out more about these topics on the Incapacity and the need for protection page.
(January 7, 2016) With the new Code of Civil Procedure set to take effect in January 2016, it will now be possible to send electronic motions to the Curateur public when the latter is involved. Documents can be sent securely via this page.
Follow the simple steps below:
Your documents will automatically be sent to the Curateur public registry office.
(January 6, 2016) With some exceptions, all children under the age of 18 must be cared for and represented by an adult. However, when a child turns 14 and then 16, he/she is entitled to do certain things with regard to his/her property. Do you know what these things are? Find out on the Acts you can do on your own page.
(December 15, 2015) The Act Respecting End-of-Life Care was enacted on December 10, 2015. But how does it affect people under protective supervision? Will it apply to them just like all Quebecers? The answer is yes—under certain conditions.
(December 9, 2015) You have taken the time to prepare your mandate in case of incapacity and you know what your mandatary’s responsibilities are. But do you know what role Curateur public du Québec plays in all of this? Find the answer on the “The Curateur public and the mandate" page.
(December 7, 2015) The Minister of Families, Minister responsible for Seniors and Minister responsible for Anti-Bullying, Francine Charbonneau, tabled the Curateur public’s 2013-2014 Annual Management Report in the National Assembly on Friday, December 4. The report attests to the organization’s good performance and to the pursuit of its mission to protect persons with disabilities. The financial statements for accounts under administration for the period ending December 31, 2014, round out this report and have been approved by Québec’s Auditor General, Guylaine Leclerc.
(November 30, 2015) Did you know that people who are visually handicapped can now get information on the mandate in case of incapacity from the Curateur public’s website? It’s true, the site features brief audio capsules that relate the entire text of the My Mandate in Case of Incapacity brochure as well as the form enabling them to prepare a mandate by themselves. If you know someone with vision problems, tell them about this; they might find it very useful.
(November 24, 2015) If you have decided to prepare your mandate in case of incapacity, you have probably also picked out the trusted person to whom you would like to assign the role of mandatary. Find out all there is to know so you can clearly tell the person what his or her responsibilities would be in your regard if you were to become incapacitated and your mandate were to come into effect.
(November 16, 2015) You may have prepared your mandate in case of incapacity, but how and when will it come into effect? What does your mandatary need to do at this stage? On this helpful website, you can find out exactly how to homologate a mandate, from the assessments required to establish incapacity all the way to the ruling of homologation rendered by court.
(November 10, 2015) You can prepare your mandate in case of incapacity by yourself (in which case it is called a “mandate as a private writing”) or before a notary. Find out how to go about drawing up your mandate and the differences between a mandate as a private writing and a notarized mandate.
(November 2, 2015) If you're thinking of setting up a mandate in case of incapacity but don't quite know how to go about it, you can start by consulting the page dealing specifically with the mandate on the Curateur public website. Among the information available, you will find a link to a copy of the mandate as a form to be filled out, as well as a helpful guide, all free of charge.
(October 29, 2015) Depending on the situation of the person preparing it, mandates in case of incapacity have specific features. Would you know if you need a general mandate or a detailed one? Find out more on the Curateur public website.
(October 22, 2015) If you are the parent of a child who has assets worth more than $25,000, as his/her legal tutor, you have certain obligations, such as forming a tutorship council, submitting reports, and providing a guarantee, called a security. Did you know that a new product introduced last summer, called the Security Investment, significantly lightens the reporting requirement? You may even be exempt from the requirement of forming a tutorship council, or of producing annual reports and a final report. To take advantage of these benefits, simply deposit all of the money you are administering for your child with Épargne Placements Québec, and do not withdraw anything until he/she reaches the age of majority.
(October 15, 2015) Minister of Families Francine Charbonneau has appointed three new members to the Committee on the Protection and Representation of Incapacitated or Protected Persons:
These people will replace Francine Ducharme and Joan Simand, as well as Serge Therrien, whose mandates have ended. The Committee’s general mandate is to advise the Public Curator on the protection and representation of incapacitated or protected persons.
(October 14, 2015) Asking someone to be your mandatary is a sign of trust and often affection. But, can you have more than one mandatary? Does your mandatary have to be a family member, or can you appoint a close friend? You can find the answers to these questions in the Choosing your mandatary page and in the Preparing your mandate in three steps section.
(October 12, 2015) Next Monday, October 19, Canadians across the country will be exercising their right to vote. But what about people under protective supervision or whose mandate in case of incapacity has been approved? Are they allowed to vote in federal elections?
(October 7, 2015) You’re thinking ahead and wondering which option is best: a mandate, a power of attorney, or a will? In fact, these documents are not interchangeable; each one has a specific purpose and applies to different areas of a person’s life. Find out the difference and consult the section Preparing your mandate in three steps.
(September 30, 2015) A mandate in case of incapacity is an official document, but do you really know what it is? Far too many Quebecers still aren't aware of the importance of this contract and of the impact it can have on their future. In fact, only 36% of Quebecers have prepared their mandate in case of incapacity. Find out more about the subject in the section Preparing your mandate in three steps.
(September 17, 2015) Did you know that the Curateur public’s clientele is comprised of approximately 20% minors with assets that require protection? The Curateur public’s website contains a section dedicated entirely to them, and explains everything from their rights, the actions they can take, and when they are allowed to administer their assets themselves. Even if you’re over 18, we recommend that you check it out!
(September 15, 2015) What would happen if you became incapacitated without having prepared your mandate in case of incapacity? In the absence of appropriate solutions, the court or a notary will call a meeting of relatives or friends to designate the person who will take care of you and your property.
(September 10, 2015) Do you know the three steps involved in preparing your mandate in case of incapacity? First, you should find out as much information as possible about the subject. Then, talk to your loved ones about your decision and choose your mandatary. Finally, prepare your actual mandate. You'll find all the information you need, plus a free form and explanatory guide that you can use to prepare your mandate, on our Preparing your mandate in three steps page. Think ahead—prepare your mandate today.
(September 7, 2015) Only 36% of Quebecers have prepared their mandate in case of incapacity. "This is not enough people," stated Public Curator Normand Jutras.
(September 3, 2015) As a legal representative administering the property of an incapacitated person, you may have several questions. What to do with his vehicle? And what if he's forced to move out of his home? What to do with his furniture and personal effects, such as photographs? The Some advice page lists important questions to ask in these situations in order to make the best possible decision under the circumstances.
(September 1, 2015) Can people under tutorship or curatorship, or who have an approved mandate in case of incapacity vote in a federal election? Click here to find the answer to this question, along with information about the role of a legal representative during a referendum or an election , whether school board, municipal, provincial, or federal.
(August 25, 2015) You may be familiar with protective supervision, but did you know that there are other ways to protect incapacitated individuals? In fact, Normand Jutras, Public Curator, met with the media in Drummondville on August 25 to explain these alternative measures.
(August 20, 2015) You already know that the role of the Curateur public is to protect incapacitated persons under public protective supervision and to provide support to legal representatives. But did you know that its mission also consists of administering the assets of minors? Not only can the Curateur public assist tutors and itself act as a tutor for the property of a minor, it is sometimes also required to oversee the administration of the assets of children placed under tutorship. For more information, consult the section Tutorship to the property of a minor.
(August 17, 2015) Heat waves are hard to handle for many people but they can be especially dangerous for certain segments of the population, including seniors and people with mental illness. Find out more about how to help these individuals cope better with the heat.
(August 13, 2015) The Curateur public’s Plan d'action 2015-2016 à l'égard des personnes handicapées [2015-2016 Action Plan on Persons With Disabilities] is now available. The Action Plan contains the balance sheet for 2014‑2015, as well as the measures to be implemented during the current year, including eight new ones. These measures aim to increase the social participation of all disabled persons in Québec, including those under the employ of the Curateur public. The Curateur public is particularly attuned to issues affecting individuals with different types of impairment, given that the law recognizes all adults who are declared incapacitated as persons with disabilities.
(August 12, 2015) People who are incapable of looking after themselves or their affairs are nonetheless full citizens, and their legal representatives have a duty to ensure that their rights are upheld. These include, among others, the right to the protection of their private and family life, domicile, image, freedom and security, movement, freedom of thought, conscience, and religion. Find out more about the rights of incapacitated persons.
(August 6, 2015) A person can become incapacitated at any age. For example, all it would take is an accident or a degenerative disease for a loved one to become unable to take care of himself or his affairs. If this happened, would you know what to do? The Curateur public du Québec website contains a wealth of information on the topic. Get informed by watching a short video and reading the brochure entitled “A Close Relative or Friend Becomes Incapacitated – How Can You Protect Them?”
(July 21, 2015) On July 21, 1945, the Act to Institute Public Curatorship was passed by the Québec legislature, making the Curateur public du Québec 70 years old today. Among other changes, this Act invested one person, the Public Curator, with powers over the person and property of incapacitated persons.
(July 13, 2015) Seniors and people with chronic diseases or a mental illness are especially at risk when temperatures soar. However, there are a few easy ways to help these people handle the heat better.
(June 17, 2015) Québec’s northernmost region, Nunavik, may be sparsely populated, but it still has its share of incapacitated persons under representation by the Curateur public du Québec. This is precisely why Public Curator Normand Jutras is visiting Puvirnituq , where he arrived yesterday and will stay until Friday. In addition to visiting with represented persons, he will meet with employees and managers at the Nunavik Regional Board of Health and Social Services, as well as elected officials and Inuit representatives from the region, which will give him some insight into the northern culture of the people he is charged with protecting
(June 1, 2015) Visual improvements include a more expansive site, less crowded graphics, more space for news, a new “Featured” section, My Mandate in Case of Incapacity and A close relative or friend becomes incapacitated pages, and enhanced information—all designed to make browsing an even more enjoyable experience! Frequent visitors don’t have to worry about getting lost: the layout is the same and our site is still divided into sections by topic to make your life easier.
Welcome to our new site! Feel free to contact us if you have any comments you’d like to share.
(May 14, 2015) Starting on Tuesday, May 19, the Curateur public's Directions territoriales and service points will be closed between noon and 1 p.m. During this hour, the offices will be closed to the public.
If immediate action is required by the Curateur public between noon and 1 p.m., you can call the General information line at 1 800 363‑9020 or 514 873‑4074.
Note: Business hours at the head office remain the same. Contact information and business hours for our offices can be found on the Contact us page.
(April 16, 2015) Today marks the appearance of volume 2, issue 1 of Le Relais, a newsletter for tutors and curators to a person of full age and members of the tutorship council.
In this issue, you will find articles on:
You can consult back issues and subscribe to the electronic newsletter on the Le Relais web page.
(April 15, 2015) The Public Curator Act was enacted 25 years ago today, modernizing the protective framework for incapacitated persons, whose status was changed from “interdicted” to “protected.”
In the aim of better protecting the rights of incapacitated persons, the Act introduced significant changes, namely the psychosocial and medical assessment, the reassessment of protective supervision regimes, and tutorships to persons of full age.
This Act also gave Quebecers the option to draft a mandate in case of incapacity, determining in advance who will represent them in the event of their incapacity. Have you drawn up yours?
(March 12, 2015) On March 5, Christiane Lecompte joined the Curateur public's Audit Committee as a replacement for Denis Marsolais. Ms. Lecompte has a Master's in Business Administration from the École des hautes études commerciales. She has held various senior management positions in the health and social services network, in particular in hospitals and CLSCs, and she has solid human resource management and organizational experience, at both the strategic and operating levels. She also served as the management staff director at the Direction générale du personnel réseau et ministériel of the Ministère de la Santé et des Services sociaux. Since 2010, she has acted as a human resources management consultant.
Note that the Audit Committee's mandate is to support the Curateur public in several fields, in particular internal audits, risk management, and the audit of financial statements for accounts under administration. The members advise the organization independently and objectively, and assess the relevance of control mechanisms and reporting procedures.
(February 17, 2015) Family members play a key role when it comes to the protection of incapacitated persons. But, what about members of cultural communities who move to Québec from abroad, often leaving family members behind? This is just one of many topics that Public Curator Normand Jutras spoke to the media about during his visit to the De la Montagne intermediate resource (IR) on Tuesday, February 17 .
It is important to point out that the De la Montagne IR is located in the heart of Parc-Extension, one of Montréal’s most multicultural neighbourhoods. As such, this was a perfect opportunity for Mr. Jutras to repeat a very important message: “It is essential for Quebecers, whether they were born here or abroad, to get involved in the protection of their loved ones, and that each and every citizen realize that the issue of incapacity concerns him or her directly.” Mr. Jutras’ urging is even more important in light of a Curateur public survey that revealed that people born outside of Canada are less familiar than native Canadians with the steps involved in obtaining authorization to act on behalf of an incapacitated relative.
In addition to addressing the media, Mr. Jutras also took the time to meet with workers and residents during his visit to the IR.
(January 30, 2015) Public Curator Normand Jutras wrapped up a two-day tour of the Lanaudière region on January 28. During his visit, Mr. Jutras met with incapacitated persons, representatives of the health and social services network, and members of the local media.
During his press briefing (in French only) , the Public Curator emphasized the crucial role of families in caring for and protecting the interests of their incapacitated loved ones. “Over the past two years, the Curateur public has taken the important initiative of empowering families, to encourage Québecers to play an active role in protecting their incapacitated loved ones,” Mr. Jutras stated. “But, of course, the Curateur public will always be there for anyone who needs us.” Mr. Jutras also stressed the importance of having a mandate in case of incapacity, as a smart personal move and a selfless and loving gesture to family members.
(December 5, 2014) The Minister of Families, Minister responsible for Seniors and Minister responsible for Anti-Bullying, Francine Charbonneau, tabled the Curateur public’s 2013-2014 Annual Management Report in the National Assembly on Thursday, December 4. The financial statements for accounts under administration for the period ending December 31, 2013, round out this report. Québec’s Acting Auditor General, Michel Samson, approved these financial statements without restriction.
(November 14, 2014) Our Rimouski service point has moved. It is now located in office 2.15 of Édifice Louis-Joseph-Moreault, at 337, rue Moreault. For the addresses of all our offices, visit the Contact us section of our website.
(October 17, 2014) Minister of Families, Francine Charbonneau, renewed the mandates of three members of the Committee on the Protection and Representation of Incapacitated or Protected Persons:
The committee's general mandate is to advise the Curateur public on the protection and representation of incapacitated or protected persons.
(September 19, 2014) The Curateur public is the proud recipient of a Zénith Award in the Publications category for producing the guides for legal representatives and tutorship councils. These guides are the product of a vast collaborative effort by many employees of the Curateur public. The guides help tutors, curators, and members of tutorship councils learn about their responsibilities and enable them in the various duties involved in the protection of legally represented persons.
The Prix Zénith recognizes the best work produced by the communications departments of Québec government ministries and agencies.
Étienne Bouchard-Lamontagne, Luc Laprise and Josée Saindon, from the communications department, together with Normand Jutras, Public Curator.
Photo : Hélène Bouffard photographe
(July 29, 2014) The most recent issue of Le Lien, the newsletter for tutors of a minor child and members of a tutorship council, is now available. This special issue is about the security or guarantee that tutors must provide to protect the child's assets.
Some of the topics covered
Please subscribe to our mailing list to receive the electronic version of Le Lien.
We hope you enjoy the reading!
(July 23, 2014) Legal tutors who have been calling for a simpler way of administering the patrimony of their child can celebrate! A new type of security is now available. The fruit of a partnership between the Curateur public and Épargne Placements Québec, it will make it easier for parents to fulfill their obligations. The purpose of the Security Investment [Placement Sûreté] is to protect the assets of a minor child in the same way as a hold funds, mortgage guarantee, and contract of surety or other form of insurance. In contrast to these types of security, however, it involves less work in terms of reporting.
Parents who opt for the Security Investment must deposit all the money they administer for their child and refrain from cashing in all or some of the funds until the child comes of age. In most cases, they won’t need to produce annual reports and a final report.
In addition, they will normally not be required to furnish or maintain another type of security, and they could be exempted from forming a tutorship council if they register a Security Investment at the beginning of the tutorship. They will, however, maintain all their other responsibilities, such as informing their child about the patrimony when the child turns 14.
(July 21, 2014) On July 21, 1945, the Loi instituant une curatelle publique [Act respecting the creation of public curatorship] went into effect. Under that law, an individual, the Public Curator, was charged with protecting incapacitated Quebecers and their property. With 69 years of expertise, the Curateur public du Québec is Québec's reference for the protection of incapacitated individuals.
On this special day, the Curateur public wishes to highlight the contributions of the support network of more than 17,500 individuals whose close family and friends acted as tutor or curator. It also applauds the role played by roughly 650 Curateur public employees at its head office and eleven service points across Québec. Every day, social workers, medical personnel, legal counsellors, etc., meet the needs of represented persons and their legal representatives. There are also in Quebec more than 13,000 individuals who, in the absence of close family or friends, had the Curateur public as their tutor or curator.
We have come a long way in 69 years! Thanks to all the women and men who, over those years, have reached out to others—À la rencontre de la personne—as our slogan so aptly puts it.
(July 14, 2014) Because of its mission, the Curateur public du Québec holds an enormous amount of data and documents of all kinds concerning the individuals it represents, all of which is contained in their records. In order to protect this information, the Curateur complies with the Act respecting access to documents held by public bodies and the protection of personal information , which establishes the right to privacy and the right to information, and the Public Curator Act .
For example, the Curateur public ensures that the information it holds is used only by duly authorized staff members. When information is sent to different agencies (Directeur général des élections, Régie de l'assurance maladie du Québec, etc.) without requesting the consent of the individuals concerned, it is because the information is legally required under a Québec law and is for the benefit of the clientele.
If you would like additional information, visit the our "Access to Information" section. See also the Registre des communications de renseignements personnels sans le consentement de la personne concernée, d’entente de collecte et d’utilisation à une autre fin de renseignements personnels (PDF in French), a register of occasions on which the Curateur public has transmitted the personal information of a represented person to a third party. The Registre lists the information, receiving agency, projected usage, reason for transmission, and legal basis for its transmission.
(July 8, 2014) The Curateur public du Québec is pleased to learn of the Québec Press Council's decision of June 13, 2014 (in French) , in response to a complaint it had filed against Le Journal de Montréal, its editor-in-chief, and one of its journalists for infringement of the rights to privacy and dignity of a woman under public curatorship.
The Curateur public must give its agreement before a media outlet can capture or use the image or voice of a represented person. When the court places someone under tutorship or curatorship in its care, the Curateur public generally represents that person in the exercise of their rights. In this case, the Curateur public had repeatedly refused the journalist's requests to interview the woman under curatorship. Two articles were nevertheless published on October 6, 2013, with quotations and two photographs of the individual, who was also identified by name in the text. This gave rise to a complaint by the Curateur public, which considered that the woman's rights to privacy and dignity had not been upheld.
According to the Civil Code of Québec, journalists wishing to do a news story, interview, or write an article involving a person represented by the Curateur public must make a formal request to this end. The terms and the form they must complete are available on the Curateur public's website in the Newsroom section, on the Utilization of an image or voice page.
(June 13, 2014) Did you know that the United Nations has declared June 15th World Elder Abuse Awareness Day ? Because of its mission the Curateur public is very concerned with this phenomenon, and has committed to combating abuse on an ongoing basis.
Every year, the Curateur public receives some 400 reports about situations that could potentially endanger the security, dignity, or integrity of an individual (especially their physical and mental health) or their property. Although not all of these reports concern elders, they are certainly among those who are potentially vulnerable.
Useful information can be found on the Reporting page of the "Contact Us" section of our website. Elder abuse is a serious problem, and the Curateur public is committed to remaining vigilant and assisting those it represents.
(June 11, 2014) Read the Curateur public's Plan d'action 2014-2015 à l'égard des personnes handicapées [2014-2015 Action Plan on Persons With Disabilities] (French only). The Action Plan contains new measures in addition to those presented in the 2013-2014 report. For example, as the administrator of a public agency, the Curateur public will ensure that work tools and areas meet the needs of the disabled persons under its employ. The Curateur public is particularly aware of issues affecting individuals with different types of impairment, because, in the meaning of the law, all adults who are declared incapable are persons with disabilities.
(April 28, 2014) Following the election held in Québec on April 7th of this year, Francine Charbonneau was appointed Minister of Families, Minister responsible for Seniors, and Minister responsible for Anti-bullying efforts. She has also now become Minister responsible for the Curateur public. Ms. Charbonneau has served as Member for Mille-Îles since 2008.
(April 4, 2014) The medical and psychosocial assessments that precede an application to institute protective supervision are a crucial step in the process. The Curateur public has updated three forms used by physicians and social workers to indicate a person's need for protection.
The revision process involved a large consultation of many groups and individuals including the Comité de protection et de représentation du Curateur public, Collège des médecins, Ordre des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec, Chambre des notaires, Clerks of the Ministère de la Justice, and 20 physicians in the regions of Montréal and Québec City.
If you want more information about the new forms, you will find an article on the subject in the March 2014 issue of Le Point (PDF in French only).
(April 1, 2014) On April 1, 2014, the Curateur public announced its new Statement of Services to Citizens (SSC), the third since the Public Administration Act came into force in 2000.
The SSC now addresses not only incapacitated persons, but also tutors, members of tutorship councils, curators, and the general public. The language is straightforward, reflecting the importance given to clear communications. The more direct tone and accessible language are part of a concerted effort to thoroughly inform readers.
The SSC evokes the Curateur public's values, among them competence, empathy, open-mindedness, and respect; and its principles, including the safeguarding of incapacitated persons' autonomy.
(March 21, 2014) As mentioned in the news item dated March 18, 2014, seen below, individuals under tutorship whose mandate has been homologated can exercise their right to vote in the provincial election on April 7th.
Qualified electors usually exercise their right to vote on their own. If necessary, they can get help to go to the polling station and show their identification papers. Those with physical disabilities may be accompanied into the voting booth.
The person who accompanies them (legal representative, family member, friend, or health network employee) must ensure that the represented individual votes in accordance with their personal convictions. Under no circumstances may he or she vote for the represented individual.
(March 18, 2014) According to the Québec Elections Act, persons of full age who are under protective supervision in the form of tutorship may vote in the provincial election on April 7, 2014; persons who are under curatorship do not have this right. There are no laws that prevent individuals with homologated mandates from exercising their right to vote. For more information about the legal capacities of incapacitated persons with regard to the various types of elections, see this chart: Right to Vote of Persons Under Tutorship or Curatorship .
Qualified electors usually exercise their right to vote on their own. If necessary, they can get help to go to the polling station and provide their identification papers. Those with physical disabilities may be accompanied into the voting booth.
The website of the Directeur général des élections du Québec is a good source of information on the candidates, ridings, regulations, revision offices, advance voting, and voting on Voting Day.
(February 10, 2014) We are extremely pleased to present our new newsletter, Le Relais, for tutors and curators to a person of full age and members of tutorship councils. It will feature information on a variety of subjects concerning the protection of an incapacitated person and the administration of his or her patrimony, and give you lots of practical advice to help you to properly fulfill your role of legal representative.
In the first issue, you will learn how to use the new information guides. You'll see: they are comprehensive and simple to use! You'll also learn about the Registered Disability Savings Plan (RDSP), a savings product that could help ensure a better financial future for the person you represent, and provide tax savings.
In short, you have everything to gain by reading this newsletter, which will come out twice a year. Make sure you don't miss out by subscribing to the electronic version.
(December 7, 2013) The second issue of the newsletter for tutors of a minor child and members of tutorship councils, Le Lien, is now online. Published twice a year, it features information about the various aspects of administering a minor's property.
In this second issue, you'll find an article on children's gradual progress toward independence.
Don't miss an issue! Subscribe to our mailing list! Have a good read!
(November 30, 2013) The Curateur public is launching two new information guides for tutors, curators and members of tutorship councils of persons of full age to help them with their administrative duties.
One guide concerns tutorship and the other, curatorship. They have been fully revised to provide you with attractive documents containing concrete information on what to do from the start to the end of the tutorship or curatorship.
The guides are available in electronic versions only. Some forms and tools can be completed online. We encourage you to consult them in the Publications, Tools and Forms section.
(October 1, 2013) As tutor or curator, you are responsible for ensuring that the person you represent can exercise their civil rights, including the right to vote in an election. This chart will help you ensure that they can exercise this fundamental right if they are able and wish to do so.In contrast to the situation for individuals under tutorship or curatorship, there is no election law stipulating legal restrictions to individuals with homologated mandates.
(June 12, 2013) We are proud to present our new newsletter, Le Lien, for tutors of minor children and members of tutorship councils. Published twice a year, it will feature information about the various aspects of administering a minor's property.
In the first issue you can read about our new information guides for tutors and members of tutorship councils appointed since May 1, 2013.
Le Lien is only available in electronic format, so join our mailing list today to make sure you never miss an issue! Have a good read!
(June 7, 2013) The Plan d'action 2013-2014 à l'égard des personnes handicapées [2013-2014 Action Plan on Persons with Disabilities] is available for consultation. This year, once again, it reports positive results because almost all of its commitments have either already been achieved or soon will be. The Curateur public is pursuing its activities by adding a number of new measures to the plan, in particular, a pilot project to provide information sessions for new tutors, curators, and members of tutorship councils.
(May 1, 2013) The Curateur public is launching two new information guides for tutors of a minor's property and members of tutorship councils, to help them with their administrative duties.
One guide concerns legal tutorship and the other, dative tutorship. They have been fully revised to provide you with attractive documents containing concrete information on what to do from the start to the end of the tutorship.
The guides are available in electronic versions only. Some forms and tools can be completed online. We encourage you to consult them in the section Publications, tools and forms.
(March 7, 2013) The Conseil des ministres has appointed Normand Jutras to serve as Québec's new Public Curator, replacing Diane Lavallée.
Mr. Jutras was Member for the riding of Drummond from 1994 to 2007. The positions he held during this time included Minister of Public Security, Minister of Justice, Attorney General of Québec, and Minister Responsible for the Application of Professional Legislation. He also held many parliamentary positions, including Chair of the Committee on Labour and the Economy and Chair of the Committee on Public Finance. As a member of the Official Opposition, he was critic for transportation, regional economic development, decentralization, municipal affairs, and tourism.
The entire staff of the Curateur public welcomes Mr. Jutras, who assumes his official functions today.
(March 2, 2013) To help people with disabilities and their families properly prepare their tax returns, the Office des personnes handicapées du Québec provides an online guide about the tax measures available to people with disabilities and their families (French only) . Read it to make sure you are benefiting from all the tax credits to which you are entitled!
(January 31, 2013) Diane Lavallée, Public Curator for nearly seven years, has been named Executive Director of the Association québécoise d’établissements de santé et de services sociaux. She will leave her post as Public Curator to assume this new challenge as soon as the Conseil des ministres has appointed her successor. All those who work for the Curateur public wish to take this opportunity to congratulate her for the appointment and thank her for dedication and hard work on behalf of Québec society's most vulnerable members.
(December 5, 2012) Mr. Réjean Hébert, the Minister of Health and Social Services and Minister Responsible for Seniors, tabled the 2011-2012 Annual Management Report of the Curateur public at the Assemblée nationale yesterday. The document has a refreshing new look featuring a lighter and more colourful layout. Accompanying the report are financial statements for the administered accounts with fiscal years ending December 31, 2011 and December 31, 2010. These statements received the unqualified approval of Québec's Interim Auditor General, Mr. Michel Samson.
Rapport annuel de gestion 2011-2012 (3.51 MB — in French only)
(October 13, 2012) The Committee on the Protection and Representation of Incapacitated or Protected Persons is pleased to welcome two new members. They are Ms. Joan Simand, professional chief of social services with the Douglas Mental Health University Institute, and Mr. Serge Therrien, lawyer with the mental health law office of the Community Legal Centre of Montréal (CCJM).
These individuals are well known in their respective communities for their active commitment to our society's members who are incapacitated and under protective supervision. In addition, they reflect the diversity of the Curateur public's clientele.
The Curateur public sincerely thanks departing committee members, Ms. Hélène Fradet and Mr. Richard La Charité Jr., for their dedication and contributions to the committee.
(September 21, 2012) In the wake of the September 4 election, the Québec government has announced that the new minister responsible for the Curateur public du Québec will be Minister of Health and Social Services and Minister Responsible for Seniors, Dr. Réjean Hébert .
Before becoming a member of the National Assembly and a cabinet minister, Dr. Hébert, MNA for the riding of Saint-François, was a physician and researcher in the fields of geriatrics and gerontology.
(September 1, 2012) Unfortunately, at times situations arise that may compromise a person’s safety, dignity or integrity (particularly their physical or mental health) or may represent a risk to their assets. If such a situation occurs, each and every one of us has a duty to act. To help you become better prepared for such situations, we have created a page called Reporting. There you can read about the roles of the Curateur public and the responsibilities of legal representatives, and find links to other resources that may be contacted if necessary.
(August 17, 2012) According to the Québec Elections Act, persons of full age who are under protective supervision in the form of tutorship may vote in the provincial election on September 4, 2012; persons who are under curatorship do not have this right. This differs markedly from the case of a federal election: the Canada Elections Act provides that all persons of full age, including those under tutorship and curatorship, may exercise this right.
Qualified electors usually exercise their right to vote by themselves. When necessary, they may be accompanied or assisted to get to the polling station, provide identification, and, in cases of physical disability, to register their choice of candidate in the polling booth. For more information about the legal capacities of incapable persons, see this chart: The right to vote of persons under tutorship and curatorship .
The Directeur général des élections du Québec website will provide you with the information you need concerning candidates, electoral divisions, rules to follow, revision offices, advance polling stations and polling stations on election day.
(August 2, 2012) On August 1, 2012, the Lieutenant Governor of Québec dissolved the National Assembly. The dissolution terminates all business of the Assembly, including the consideration of bills and is followed by a general election. No further sittings are held before the Assembly is summoned by the Lieutenant Governor.
Since Committees will hold no further meetings before the start of the new Legislature, all dates regarding the consideration of Bill 45 previously announced have therefore been postponed.
For more information, please consult the Assemblée Nationale's News and Press Room section .
(June 8, 2012) Deputy Government House Leader Robert Dutil announced Tuesday that the Commission des relations avec les citoyens [Committee on Citizen Relations] will be holding specific consultations on Bill 45, An Act to amend the Civil Code, the Code of Civil Procedure and the Public Curator Act as regards the protection of persons. Consultations will take place September 5, 6 and 11, 2012. Over 20 organizations will be submitting briefs and oral presentations.
(April 4, 2012) Fees for services performed by the Curateur public du Québec have increased by 2.66 per cent in accordance with the Consumer Price Index. For more information on fees for 2012-2013, consult our leaflet or our page on fees.
(February 29, 2012) Today, at the National Assembly, Family Minister Yolande James introduced the Bill amending the Civil Code, the Code of Civil Procedure and the Public Curator Act with respect to the protection of persons. The aim of the bill is to enhance the protection of incapacitated individuals and better support their loved ones.
Accompanied by Public Curator Diane Lavallée, Ms. James also met journalists to present the highlights of this major piece of legislation that represents the first update of the protection system in over 20 years.
New section in our Newsroom page
You'll find, for example, three backgrounders on:
(February 3, 2012) Public Curator Diane Lavallée submitted the Curateur public's brief (in French only) concerning the draft bill to institute the new Code of Civil Procedure to the National Assembly's Commission des institutions the day before yesterday.
(December 15, 2011) The bill to amend the Regulation respecting the application of the Public Curator Act has been passed by the Cabinet. It prescribes an adjustment of the fees that the Curateur public may charge for services rendered to incapable individuals under protective supervision. These new rates become effective January 1, 2012.
A comparison with fees charged in 2011 shows that some have been raised and others lowered.
(December 7, 2011) Tabled yesterday at the National Assembly by Minister of Families, Yolande James, the 2011-2016 Strategic Plan reflects the Curateur public's continuing determination to improve services and build upon our base, as we prepare for the future. To achieve this vision, three strategic directions have been adopted:
This plan will ensure that we continue delivering the best protection possible to those who are incapacitated, both today, and in the future. It also reveals a better understanding of our clientele's needs and their expectations of us. Studies and surveys conducted in recent years have been especially useful in this regard.
Plan stratégique 2011-2016 (2.32 MB — in French only)
(November 30, 2011) Yesterday, Minister of Families Yolande James tabled the 2010-2011 Annual Management Report of the Curateur public at the National Assembly. The financial statements for the accounts administered as at December 31, 2010, on behalf of the individuals the Curateur public represents are part of this report. Once again this year, Québec's Auditor General, Renaud Lachance, gave these financial statements his unqualified approval.
Rapport annuel de gestion 2010-2011 (3.45 MB — in French only)
(October 20, 2011) Minister of Families Yolande James has appointed Yvette Lajeunesse, a general practitioner with the Institut universitaire de gériatrie de Montréal and associate clinical professor in the family medicine department of Université de Montréal, and Jocelin Lecomte, assistant local commissioner of complaints and service quality with Montréal's Centre de réadaptation en déficience intellectuelle et en troubles envahissants du développement (CRDITED) as members of the Committee on the Protection and Representation of Incapacitated or Protected Persons, effective October 13, 2011. Their term will last three years.
These individuals are well known in their respective sectors for their active commitment to those members of society who are incapacitated and under protective supervision. In addition, they reflect the diversity of the Curateur public's clientele.
The Curateur public sincerely thanks departing committee members, Lucille Bargiel and Jacques Payeur, for their dedication and contributions to the committee.
(October 12, 2011) As a public protection measure, the Autorité des marchés financiers has just issued a new brochure entitled Trust must be earned!
Before you ask someone to help you look after your affairs, whether it be managing your investments, paying your bills or paying your rent, read this guide. This brochure was produced through the partnership of 13 agencies, including the Curateur public du Québec.
(September 7, 2011) Draft legislation (in French only) amending the Regulation respecting the application of the Public Curator Act was published today in the Gazette officielle du Québec. It prescribes an adjustment of the fees that may be charged for services rendered to incapable individuals. Individuals or organizations with comments on this draft legislation should send them to the Public Curator, Ms. Diane Lavallée, by October 21, 2011.
For further information or if you wish to make a comment, consult the notice of prepublication (in French only).
(July 12, 2011) The information brochure on the role and mission of the Curateur public has been updated. In addition to information about the different forms of protective supervision, it contains the most recent statistics about incapacity, methods for protecting an incapable person and details concerning the Curateur public's administration of patrimonies. It can be obtained, in French or English, at conventions and symposiums in which the Curateur public takes part.
You can also download it from the Publications, tools and forms section of this website.
(June 30, 2011) In his speech presenting the 2010-2011 budget, Minister of Revenue Raymond Bachand announced that the QST tax credit, property tax refund and tax credit for individuals living in northern villages would be combined into a single tax credit called the solidarity tax credit (STC), to take effect July 1, 2011.
Registration for direct deposit with Revenu Québec is not required for individuals under public protective supervision because STC payments will be deposited in the Curateur public's bank account and then paid out to the patrimony of each represented individual who benefits from the tax credit, in accordance with the notices of determination issued by Revenu Québec.
Individuals under private protective supervision, however, must still register for direct deposit with the Ministère du Revenu du Québec.
(June 7, 2011) Today the Curateur public is releasing the assessment and update of its 2010-2013 action plan concerning people with disabilities (in French only). The first year of operation has been positive for the Curateur public because all its commitments have been met or are in the process of being met. Further, it has adopted three new measures under the main priorities of the policy, À part entière : pour un véritable exercice du droit à l’égalité. More specifically, the Curateur public has undertaken to develop policy regarding the reporting and processing of incidents of economic abuse and to sit on the interministerial committee that is working to adapt the judicial system to people with disabilities.
(April 28, 2011) Every five years Statistics Canada conducts a census and the 2011 census is now underway. It is addressed to all women, men and children living in the country on census day.
Individuals who are under protective supervision are not exempted from the census, whether they are living with their family or in an institution, rooming house or other form of group housing.
The Curateur public relies on those close to the represented person to help them fill out the census form.
Is the census compulsory?
Yes. Under the Statistics Act, all Canadian citizens must complete and return the 2011 Census questionnaire, which replaces the "short version" of previous years and contains eight questions.
If the questionnaire is not returned in the days after it has been received at the residence, a census officer will contact the family to remind them, or, if necessary, help them fill it out.
If you are the resource person for the census in a group residence or institution for individuals who suffer from a psychiatric and developmental disability, review this list of tasks provided by Statistics Canada.
(April 1, 2011) Fees for services performed by the Curateur public du Québec have increased by 1.8% in accordance with the consumer price index. For more information on fee rates for 2011-2012, consult the page Fees.
(April 1, 2011) In an effort to make our website more user-friendly, all Publications, tools and forms are now available in one section. You can access them by clicking the yellow button on the left side of the home page. They are also accessible from anywhere on the website with one click on the menu on the left of your screen.
(March 21, 2011) Are you a secretary or member of a tutorship council? A tutor to a minor? A tutor or curator to an adult who is incapacitated? Two leaflets – The Tutorship Council — Tutorship or curatorship to an incapacitated person of full age and The Tutorship Council — Tutorship to the property of a minor – are a valuable information source, whether you are dealing with the protective supervision of a person of full age or a tutorship for the protection of a minor's property.
(March 3, 2011) The Cabinet announced on Wednesday, March 2, 2011, the appointment of Ms. Diane Lavallée to a second consecutive five-year term as Public Curator.
"It was with great pleasure and deep humility that I agreed to carry on, for the next five years, the work that I began in 2006 when I became Public Curator.
I will continue to do everything possible to ensure the rights of the individuals I represent and the safeguarding of their autonomy, driven by an ongoing concern for the thoroughness and quality of interventions in their regard. With the team of qualified people I have around me, I will strive to constantly improve the ways in which we support and assist those who agree to serve as the legal representative of a close relative or friend. In partnership with many government departments and agencies, and professional and community organizations, I intend to continue our efforts to ensure that the most disadvantaged members of our society can live with dignity, free of all forms of abuse."
(December 2, 2010) This morning in the National Assembly, the Minister of Families, Ms. Yolande James, tabled the annual management report of the Curateur public for the 2009-2010 financial period. This report presents the results for the fourth year of the 2006-2010 strategic plan. The financial statements contained in the report have been approved by Mr. Renaud Lachance, Auditor General of Québec.
Rapport annuel de gestion 2009-2010 (2.87 MB — in French only)
(November 30, 2010) The Minister of Families, Ms. Yolande James, has renewed the term of Mr. Richard La Charité, Jr. and appointed Ms. Francine Ducharme to the Committee on the Protection and Representation of Incapacitated or Protected Persons.
The Curateur public extends its thanks to outgoing committee member Ms. Lorraine B. Palardy.
(November 24, 2010) Determined to constantly improve its services, the Curateur public conducted a study to learn more about the needs and expectations of private representatives who are responsible for an incapacitated individual or who administer the patrimony of a minor child.
Drawing on data gathered in telephone surveys and life history-style interviews, the study presents a profile of these representatives.
For more information (these documents are available in French only):
(September 25, 2010) Your mother is showing symptoms of Alzheimer's
Your brother had a head injury and can no longer manage his affairs
Your sister's mental health is deteriorating
A new guide, available online, entitled A Close Relative or Friend Becomes Incapacitated — How Can You Protect Them?, presents different cases of people requiring protective supervision and the procedures and measures that are available to ensure the protection of the property and person of a loved one.
(May 6, 2010) The Curateur public has adopted its 2010-2013 Action Plan on Persons with Disabilities, which features measures in response to the provisions of the Act to Secure Handicapped Persons in the Exercise of Their Rights with a View to Achieving Social, School and Workplace Integration and the governmental guidelines set out in its policy, À part entière : pour un véritable exercice du droit à l'égalité, passed in June 2009. The Curateur public is in this way furthering its participation in the collective efforts over the next few years to increase the social participation of persons with disabilities.
Plan d’action 2010-2013 à l’égard des personnes handicapées (156 KB — in French only)
(May 10, 2010) On Thursday, May 6, Yolande James, member for Nelligan and Minister of Immigration and Cultural Communities, was also appointed Minister of Families, and is therefore responsible for the Curateur public.
(December 12, 2009) The Curateur public du Québec's website has undergone a few changes. The content, pages and structure are the same, but navigation has been improved in accordance with best practices. Now, from any page within the site, a menu on the left lets you better orient yourself within the site structure and more easily navigate to other sections. A few adjustments have also increased the site's user-friendliness. Happy navigating!
(December 2, 2009) Yesterday in the National Assembly, the Minister of Families, Mr. Tony Tomassi, tabled the annual management report of the Curateur public for the 2008-2009 financial period. This report presents the results for the third year of the 2006-2010 strategic plan, which also happens to be the first year since the coming into effect of the new Statement of Services to Citizens. The financial statements of accounts under administration as at December 31, 2008, approved by the Auditor General of Québec, are appended to the report.
Rapport annuel de gestion 2008-2009 (1.96 MB — in French only)
(November 4, 2009) The Committee on the Protection and Representation of Incapacitated or Protected Persons is pleased to welcome two new members: Hélène Fradet, executive director of the Fédération des familles et amis de la personne atteinte de maladie mentale and Sarita Israël, a social worker at the Elder Abuse Consultation Centre of Quebec, a leading-edge service initiative of the CSSS Cavendish.
Created in April 2000, the committee's mandate is to advise the Public Curator concerning the protection and representation of incapacitated or protected individuals. It is composed of six people who are appointed by the Minister of Families to serve a renewable term not exceeding three years.
Ms. Fradet and Ms. Israël were chosen because of their involvement and expertise in the areas of mental illness and elder abuse. Their arrival will undoubtedly provide the committee with new perspectives in its discussions about these issues of vital concern to the Curateur public.
The Curateur public extends heartfelt thanks to departing members Benita Goldin, coordinator, Cummings Jewish Centre for Seniors, and Nathalie Ross, executive director of the Parkinson Society of Québec.
(October 28, 2009) The Curateur public du Québec has set up an Audit Committee. The committee's principal aim is to support the Public Curator in every area under its jurisdiction, namely, internal auditing, risk management, and audits of the financial statements of accounts under administration. The committee members' combined expertise will enable us to better fulfill our mission with represented persons and their loved ones, by supporting our ongoing efforts to improve our effectiveness and efficiency in every domain.
(October 23, 2009) According to the Québec Elections Act, persons of full age who are under protective supervision in the form of tutorship may vote in the municipal election on November 1, 2009; persons who are under curatorship do not have this right. This differs markedly from the case of a federal election: the Canada Elections Act provides that all persons of full age, including those under tutorship and curatorship, may exercise this right.
Qualified electors usually exercise their right to vote by themselves. When necessary, they may be accompanied or assisted to get to the polling station, provide identification, and, in cases of physical disability, to register their choice of candidate in the polling booth. For more information about the legal capacities of incapable persons, see this chart: The right to vote of persons under tutorship and curatorship.
(September 26, 2009) An editorial advertisement (in French only) about the Curateur public du Québec was published in the October issue of Sélection du Reader’s Digest magazine. This marks the second time in one year (after L'actualité in November 2008) that the Curateur public has associated itself with a general interest magazine to raise public awareness of its mission.
(August 14, 2009) Québec's Public Curator, Diane Lavallée, together with her principal government partners and other stakeholders, began a process of reflection in 2008 with the aim of improving the system of protective supervision for incapacitated persons in Québec. The Curateur public is assisting these deliberations with the publication of a new brochure (in French only) on aspects of protection measures being implemented in other provinces and countries.
(April 16, 2009) In 2008, Québec's Public Curator, Diane Lavallée, together with her principal government partners, began a process of reflection with a view to improving the system of protective supervision for incapacitated persons in Québec. A variety of non-governmental partners are also involved in the process. In fact, this reflection mirrors the concerns of a number of Western countries that, confronted with socio-demographic changes, are considering the appropriate practices to ensure that incapacitated persons today and in the future benefit from the protective measures that will most adequately meet their needs. The Curateur public du Québec has made available a series of reference brochures (in French only) to guide people in this process of reflection.
(April 15, 2009) The report was presented to the Assemblée nationale on April 9, 2009, by Tony Tomassi, Minister of Families. It details the achievements of Year 2 of the Curateur public's 2006-2010 Strategic Plan.
(March 28, 2009) We have improved the Newsroom of the Curateur public's website to facilitate searches for journalists who are looking for more information on the Curateur public's mission and activities organized for the public. It features news releases, speeches and other practical information, including guidelines on the appropriation of images or voice and recent statistics. You can now access the section on the left side of the home page.
(March 19, 2009) A new information kit is now available online. Originally published in the magazine L'actualité, it offers a wealth of information about the agency, its missions and its clienteles.
Information kit (391 KB)
(January 29, 2009) On December 18, soon after the December 8 provincial election, Premier Jean Charest announced his new cabinet.
Member for LaFontaine since 2003, cabinet newcomer Tony Tomassi has been named Minister for Families and as such, is responsible for the Curateur public du Québec. He succeeds Michelle Courchesne, who continues to serve as Minister of Education, Recreation and Sports.
(December 3, 2008) According to the Québec Elections Act, persons of full age who are under protective supervision in the form of tutorship may vote in the provincial election on December 8, 2008; persons who are under curatorship do not have this right. This differs markedly from the case of a federal election: the Canada Elections Act provides that all persons of full age, including those under tutorship and curatorship, may exercise this right.
Qualified electors usually exercise their right to vote by themselves. When necessary, they may be accompanied or assisted to get to the polling station, provide identification, and, in cases of physical disability, to register their choice of candidate in the polling booth. For more information about the legal capacities of incapable persons, see this chart: The right to vote of persons under tutorship and curatorship.
(November 22, 2008) The Committee on the Protection and Representation of Incapacitated or Protected Persons is pleased to welcome a new member: Lorraine B. Palardy, executive director since 1992 of the Fondation Les Impatients (F.A.T.A.B.Q.). Ms. Palardy's commitment and contribution were singled out for recognition in 2007, when she was made a Chevalier de l’Ordre national du Québec.
The Curateur public gives its heartfelt thanks to retiring member, Jean-Nicolas Ouellet.
(September 12, 2008) The Curateur public has just launched a new site on tutorship to a minor's property and has set up a portal to provide you with easier access to the information you need. If you've already bookmarked certain pages, you may have to bookmark them again. Please feel free to send us your comments.
(September 6, 2008) This is the subject of a talk given by Diane Lavallée, Public Curator, during the 9th Global Conference on Ageing, held on September 5, 2008, at the Palais des congrès de Montréal.
(April 1, 2008) The quality of the services provided to the public is a constant concern of the government administration. This is why the Curateur public du Québec has just issued a new version of its Statement of Services to Citizens. In it, you will find a message from the Public Curator, a description of our services and commitments to the public, procedures to follow for filing a report, emergencies and complaints, and contact information for our regional offices and service points. (PDF 76 KB)
(December 13, 2007) The Rapport annuel de gestion 2006-2007, tabled at the National Assembly by Minister of Families Michelle Courchesne, is the first to reflect the changes and achievements of the 2006-2010 strategic plan. It presents the results of twelve months of activities and financial statements of the accounts under its administration. These statements cover a nine-month period, since the end of the period was readjusted to 31 December. (PDF 1.82 MB - available in French only)
(December 13, 2007) Les Publications du Québec, assisted by the Curateur public, has just published the new edition of the booklet entitled My Mandate in Case of Incapacity. Changes have been made to the form and explanatory notes. The booklet is on sale in all bookstores affiliated with Les Publications du Québec for the price of $9.95 per copy. It can also be downloaded from our site. (PDF 324 KB)
(October 19, 2007) Diane Lavallée, Public Curator of Québec, participated in a seminar on October 5, 2007, organized in Bayonne by the association called Sauvegarde de l’Enfance à l’Adulte du Pays Basque. The seminar adressed many issues surrounding the major reform of guardianship and trusteeship currently underway in France. Ms. Lavallée was asked to describe the situation in Quebec. Seminar proceedings on demand (in French only)
(June 21, 2007) The Commission des droits de la personne et des droits de la jeunesse (CDPDJ) and the Douglas Mental Health University Institute signed an agreement today that concludes an enquiry undertaken by the Commission, which entailed an investigation of the inadequate living conditions of fifteen former residents with psychiatric problems or intellectual deficiencies. (news release)
(May 5, 2007) Persons under tutorship or curatorship who meet the eligibility conditions may receive financial assistance under the National Reconciliation Program for Duplessis Orphans Who Were Residents of Certain Institutions. The program is administered by the Ministère de l’Emploi et de la Solidarité sociale, and the deadline for applications is August 10, 2007.
(December 22, 2006) The Rapport annuel de gestion 2005-2006 marks the conclusion of a planning cycle based on the systematic review of all the dimensions of its mission and every component of the organization. Upcoming years will reflect the new 2006-2010 strategic plan. (PDF 666 KB - French only)
(November 7, 2006) The Committee on the Protection and Representation of Incapacitated or Protected Persons welcomes three new members: Ms. Nathalie Ross, Ms. Lucielle Bargiel and Mr. Jacques Payeur. The Curateur public extends warm thanks to the outgoing members: Ms. Paulette Berthiaume, family representative, Mr. Marcel Blais of the Fédération des Mouvements Personne D'Abord du Québec, and Mr. Paul G. Brunet, president of the Council for the Protection of the Sick.
(October 5, 2006) The Curateur public is delighted to launch this unique interactive electronic directory handling queries about funding for assistive devices. The directory lists the main sources of funding, which are mostly government programs. Assistive devices are items used to correct, compensate for, alleviate or neutralize a deficit or incapacity, or prevent or reduce a disability. Wheelchairs, orthoses, prostheses, incontinence pants and eyeglasses are a few examples ...
(June 19, 2006) This document, in French only, describes the work to be undertaken at the Curateur public over the next few years, based on four major orientations: public protection of incapacitated persons; monitoring of incapacitated persons represented by family members; collaboration between the public, parapublic and community networks involved in the protection of incapacitated persons; staff competence. (PDF 369 KB – Full text)
(PDF 80 KB – Summary chart)
(June 14, 2006) The first World Elder Abuse Awareness Day is being held Wednesday, June 15, 2006. This activity is the initiative of the International Network for the Prevention of Elder Abuse (INPEA). INPEA also participates in the awareness-raising plan of the United Nations, which considers elder abuse to be a public health and human rights problem. In Québec, the Réseau québécois pour contrer les abus envers les aînés (RQCAA) is coordinating the project.
(April 10, 2006) Diane Lavallée was appointed Québec's Public Curator by the Conseil des ministres, and took office on April 8, replacing Nicole Malo. Ms. Lavallée had been President of the Conseil du statut de la femme since 1999.
(April 1, 2006) For information about unclaimed property, contact La Direction générale des biens non réclamés at Revenu Québec.
Address: 500 Blvd. René-Lévesque West, 10th floor
Montréal (Québec) H2Z 1W7
Telephone (toll-free): 1 866 840-6939
Fax: 514 864-2440
(March 20, 2006) This new brochure is intended for parents whose minor child owns assets. How can parents balance their parental obligations, their obligations as tutors, and the obligation to protect the child's property? All these matters are discussed in this publication, available at Curateur public service points. A downloadable version is also available