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  5. Curateur public interventions with incapable persons who have no legal representation

Curateur public interventions with incapable persons who have no legal representation

The Curateur public can petition the court:

  • when an incapable person is isolated;
  • when a situation is likely to cause harm to a person with no legal representation; or
  • when no one close to the person is taking steps to protect them.

In petitioning the court, the Curateur public can propose an individual to act as the person’s representative.

The Curateur public can also be designated as tutor by the court if:

  • the person concerned has no family or is isolated;
  • the person concerned has no one close to them who is willing or able to take on this role.

Curateur public’s use of interim protection measures

When a protective supervision regime has not yet been instituted for a person who is incapable of taking care of themselves or their affairs, the Curateur public will consider the use of interim protection measures. These measures allow the person concerned to avoid situations that could cause harm to their person and property.

The purpose of interim protection measures is to:

  • ensure the protection of the person;
  • gain access to their bank accounts (close an account, prohibit access, cancel debit or credit cards, etc.);
  • pay bills or settle debts (e.g., pay property taxes to avoid foreclosure on a building);
  • stop financial abuse.

Three conditions must be met for the Curateur public to consider using interim protection measures:

  1. incapacity must be established by a report from the institution’s executive director (or, exceptionally, by a written report from a health or social services professional) so the application to institute a protective supervision regime can begin quickly;
  2. the application to institute a tutorship must be ongoing or imminent, and the seriousness of the harm experienced must be sufficiently demonstrated;
  3. there are no third parties capable of acting, or they refuse to do so, or their behaviour is not in the person’s best interests.

The Curateur public can then step in to administer the person’s affairs. It can also petition the court for authorization to temporarily administer the person’s assets or to protect their person. The Curateur public must then act in accordance with the wishes and preferences of the person concerned, based on the following principles:

  • the sole interest of the person concerned;
  • respect for their rights;
  • preservation of their autonomy.

Consent to care

The Curateur public may consent to care on behalf of a person who is completely isolated. It may do so when the person is considered incapable of consenting to the proposed care and when no other person, for example, a friend or family member, is able to consent for them.

In case of abuse

When it receives a report of abuse, the Curateur public uses whatever means available to it, depending on the situation.

If your loved one is not under protective supervision because they are being cared for by family and friends, the Curateur public will advise you and guide you toward any resources you may need.

However, if your loved one is under protective supervision, the Curateur public will process any reports it receives, provided they fall under its jurisdiction. It will refer you to any resources you may need.

Last update: February 23, 2023


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