Curateur public du Québec
Tutorship to a minor is a legal regime for the protection and representation of a child. Most of the time, a child’s tutors are his or her parents until he or she reaches the age of majority. However, in some cases, for example if the parents die at the same time, people other than the parents can be tutors. There are two types of tutorships to a minor:
Legal tutorshipThe parents of a minor child are responsible for his or her well-being, the administration of his or her property and for representing him or her in exercising his or her civil rights (ex.: signing a contract). Pursuant to the Civil Code of Québec, they are automatically the child’s legal tutors. The child’s parents exercise legal tutorship together, whether or not they are separated. In certain situations, only one parent may exercise it, namely if the other parent
Dative tutorshipDative tutorship must be instituted namely when both parents of a minor child die or are declared incapacitated following a court decision. The dative tutor then takes care of the child instead of his or her parents. Dative tutorship may be exercised
The dative tutor to the person must oversee the minor child’s well-being and represent him or her in the exercise of his or her civil rights. As for the dative tutor to the property, he or she must ensure that the child’s property is well administered and protected until the child reaches the age of majority. The parents may designate one or more dative tutors for their minor child ahead of time in
It is suggested that parents
In the event that parents die or become incapacitated, the dative tutor designated by the parents has 30 days from the time he or she is informed of the designation to accept or refuse to assume the dative tutorship. In certain cases, the court may appoint a dative tutor if, for example,
Monitoring the administration of the minor’s propertyTutor has a duty to act in the minor’s best interests, for both the child’s person and property. The Act provides for the Curateur public du Québec to monitor the administration of the minor’s property
In these cases, the tutor is obligated to provide certain documents to the Curateur public, namely
Tutorship councilA tutorship council is set up as soon as
Appointed by the court, members of the tutorship council are generally close relatives or friends of the minor. Their role is to accompany the tutor in his or her duty, so that he or she can adequately fulfill his or her responsibilities,
Replacement of a minor’s tutor A tutor who does not meet his or her obligations can be replaced, at the request of the
The court examines the request. If the tutor dies, the tutorship council can ask the court for his or her replacement.
IncapacitatedA person is incapable when they are unable to care for themselves or manage their affairs. Incapacity may be declared due to a mental or degenerative illness, a stroke, an intellectual disability, a head injury or a weakened state as a result of old age that alters the mental faculties or physical ability to express one's wishes.
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