Filing an application for temporary representation

An application for temporary representation can be filed with the court by the person concerned, by someone close to them, or by any other interested party, including the Curateur public. The person can also hire a lawyer or a notary for a fee, which varies from one professional to another.

There is a fee for applying for temporary representation; it is covered by the represented person. The person filing the application can also pay the fee and be reimbursed by the represented person at the end of the process.

Requirements to become temporary representative

A person wishing to be appointed as a temporary representative must obtain from a police force and submit to the court a certificate of no judicial record or, where applicable, a judicial record list.  They must also provide a sworn statement.

Certificate of no judicial record or judicial record list

Two official documents—the certificate of no judicial record and the judicial record list—serve to confirm whether the applicant has a judicial record (or lists them, where applicable).

If a lawyer or a notary is hired to prepare an application for temporary representation, they may help the proposed temporary representative to obtain these documents from a police force.  

There may be fees associated with obtaining these documents. Depending on the financial situation of the person concerned by the application for temporary representation, these fees may be charged to their patrimony, once the temporary representation has been instituted. 

Sworn statement

The sworn statement confirms that the person has never had a civil judgment rendered against them or, where applicable, lists the judgments against them. The person must also state whether they have ever declared bankruptcy.  

The proposed temporary representative must sign their affidavit before a commissioner for oaths. The Curateur public provides a non-mandatory template (PDF 852 Kb). If a lawyer or a notary is hired for the application for temporary representation, they may help the proposed temporary representative to prepare the affidavit.

There may be fees associated with the commissioner for oaths. Depending on the financial situation of the person concerned by the application for temporary representation, these fees may be charged to their patrimony, once the temporary representation has been instituted.  

Remittance of documents

All required documents must be filed in the court record and will be considered for the appointment of the temporary representative. Having a judicial record does not automatically disqualify a person from being appointed as a temporary representative.  

Steps in filing an application for temporary representation

Filing an application for temporary representation involves the following steps:

1. Obtaining medical and psychosocial assessment reports
   These assessments attest to the person’s incapacity and need for representation with respect to the specific act. They are done by professionals in the public or community health and social services network, or in private practice.
2. Drawing up and filing the application with the court
   The application to the court must explain why temporary representation is required. It will need to be accompanied by the medical and psychosocial assessment reports for the person concerned.
3. Interview
   The judge or the special clerk will interview the person concerned to:
   • confirm their incapacity for the act in question;
   • obtain their opinion on the process and the person who should represent them.
4. Court decision
   Once the application has been processed, the court will send its judgment to the person concerned, the Curateur public, the person who filed the application (where applicable), and the person appointed as temporary representative. In its judgment, the court will set out the terms and conditions of the powers granted to the temporary representative.

Upon receipt of the judgment, the Curateur public enters the information about the represented person and their temporary representative in its Public register of representation measures which includes the register of authorized temporary representations.

Contact the general information service of the Curateur public

You can contact the general information service of the Curateur public for assistance or information.