Having a person recognized as an assistant

Having a person recognized as an assistant is not a matter for the courts. Only the Curateur public can recognize an assistant. For security reasons, this is a multi-step process.

You can submit your application for recognition of an assistant directly to the Curateur public or to a lawyer or a notary.

You can submit your application for recognition of an assistant, free of charge, online or by mail. If you already benefit from, or have previously benefited from, an assistance measure and wish to renew it, please refer instead to the Renew an assistance measure page.

Apply online

The My Assistance Measure Account platform allows you to apply online.

Access the My Assistance Measure Account 

If needed, see the Frequently Asked Questions section to find answers on how the use the online My Assistance Measure Account platform. See also the Checklist for submitting an application for recognition of an assistant (in French) (PDF 211 Kb).

Apply by mail

You can also fill the Request for the recognition of an assistant form and mail it to the Curateur public.

Download the application form

See the Assistance Measure Help Kit (PDF 1.47 Mb) to help you submitting an application for the recognition of an assistant.

You can hire a lawyer or a notary to draw up the application, in which case, you will have to pay a fee. These fees can vary from one firm to another.

The Curateur public can take up to 60 days  to process the application.

The Curateur public or the lawyer/notary:

• makes sure the application is in order;
• conducts a criminal background check on each prospective assistant (sole responsibility of the Curateur public);
• informs (by email or registered mail) at least two people close to the person who wants assistance that an application for recognition of an assistant has been received and their right to object;
• processes objections from people close to them or from any other interested party (where applicable).

Interview

The Curateur public’s staff or the lawyer/notary will meet with you and your prospective assistant(s). The meeting will be divided into two parts. The first part will be with you only. It is to make sure you’re capable of expressing your wishes and preferences and that you understand how the assistance measure works and what it means. The second meeting will be with you and your prospective assistant(s). It will ensure that they understand the role of the assistant and the obligations associated with that role. 

This meeting can be held in person or by videoconference, depending on what you and your prospective assistant(s) prefer. 

You will be able to book an appointment once you receive an email or letter confirming that your application has been received.

If you have created your account in the My Assistance Measure Account platform, here are the steps to follow to schedule an appointment:

1. From the My Assistance Measure Account platform homepage, go to the "Manage an existing application" section.
2. Then click on the 3 small dots [...] and then click on "Appointment".
3. Select the interview mode and language preference and click on the "Next" button.
4. Select the date and time of the interview using the calendar then click on the "Next" button.
5. Click on the "Confirm the interview" button and then on the "Close" button.

Decision

After analyzing the application, the Curateur public will inform you of its decision as well as to the person(s) proposed as assistant. If the decision is positive, it will enter the assistant’s name in the Public Register of Assistants and provide them with a card attesting to the recognition granted.If the decision is negative, it states the reason for the decision and informs you of your right to request a review of the decision through the courts.

If the application is refused

The Curateur public may refuse an application for the following reasons:

• It seriously doubts that the person seeking assistance understands the scope of the assistance measure;
• It seriously doubts that the person seeking assistance is able to express their wishes and preferences;
• There are serious concerns that the person seeking assistance will be harmed if the prospective assistant(s) is/are recognized;
• The prospective assistant did not meet the obligations related to their duties in the past.

If the application for recognition is refused, only the person seeking assistance can ask the court for a review; they have 30 days in which to do so. The person seeking assistance can do this on their own or instruct a lawyer to help them.

Withdrawing a request for recognition

The assisted person and the prospective assistant can withdraw a request for recognition at any time.

To do so, you must ask the Curateur public to end the recognition of an assistant using the "Manage an existing application" tab on the My Assistance Measure Account platform.

You can also fill out one of the two withdrawal forms and mail it to the Curateur public:

• Withdrawal of a Request for recognition of an assistant to a person of full age which is being processed – Person seeking assistance (PDF 1.20 Mb)
• Withdrawal of a request for recognition of an assistant to a person of full age wchich is being processed – Prospective assistant (PDF 1.18 Mb)

Anyone with an interest in the person seeking assistance can object to the recognition of a prospective assistant.

To do so, they must fill out the online Objection to a request for recognition of an assistant to a person of full age form and submit it to the Curateur public.

They can also mail the form to the Curateur public. The form can also be submitted to the lawyer/notary who is handling the application, where applicable.

Objection to a request for recognition of an assistant to a person of full age (PDF 1.29 Mb)