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  5. The Curateur public’s roles and responsibilities in a tutorship to a person of full age

The Curateur public’s roles and responsibilities in a tutorship to a person of full age

The Curateur public oversees tutorships and assists the tutorship council and the tutor, from the institution of the tutorship to its termination, where applicable. It can also support them in certain decisions through the employee responsible for the represented person’s file. Moreover, it may be appointed by the court to act as tutor or tutorship council.

Involvement of the Curateur public in private tutorships

A private tutorship is when someone other than the Curateur public acts as tutor. In this situation, the Curateur public:

  • informs the tutor of the rules that concern them;
  • supports and assists the tutorship council and the tutor in performing their duties and provides them with the necessary documentation to do so;
  • oversees the tutor’s actions and administration in collaboration with the tutorship council;
  • receives the inventory produced by the tutor;
  • verifies the tutor’s annual administration report;
  • determines the security, if this was not done by the tutorship council within six months of institution of the tutorship;
  • assumes the role of tutorship council when the people close to the represented person are unable to do so or, in some cases, following the replacement of the tutorship council. The court may appoint the Curateur public for this purpose;
  • maintains a Public register of representation measures, which includes the Register of tutorships to a person of full age;
  • uses its investigative powers when justified;
  • deals with reports it receives about situations that may cause harm to the represented person or their patrimony;
  • asks that the tutor be replaced if they are no longer able to perform their duties or is not fulfilling their obligations.

The Curateur public’s fees for a private tutorship

There is no charge for overseeing private tutorships. However, the Curateur public may charge a fee for initiating the process of instituting a tutorship with the court. In this case, a specific amount will be invoiced upon receipt of the judgment. Certain costs (e.g., court stamps, bailiff’s fees, subpoena costs, etc.) may be added to this amount.

Services providedRates
Procedure for instituting protective supervision launched by the Curateur public
Note: Additional costs (e.g., evaluation, birth certificate, subpoena to witnesses, legal stamp, bailiff’s fees, etc.) can be added to the fees.
$2,341 on receipt of judgment appointing a legal representative
Private protective supervision
Note: No fees are charged for overseeing private protective supervision as a way to encourage families and loved ones to assume responsibility for incapable persons.
$0

You will find more information in the document Fees — Services provided to represented persons (PDF 318 Kb).

Involvement of the Curateur public in public tutorships

General notice

Delays to distribute payments to the beneficiaries following a person's death

It may take up to one year following a person’s death to distribute payments to the beneficiaries following the death of a person represented by the Curateur public. This is mainly due to the higher number of deaths and to the delays in receiving the documents needed to process the files.

The Curateur public may be appointed as tutor by the court when a person:

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

The Curateur public may be appointed as:

  • tutor to the person;
  • tutor to the property; or
  • tutor to the person and to the property.

Regardless of whether the Curateur public is appointed as tutor to the person or the property, it must always act in the sole interest of the represented person, while ensuring their rights and autonomy are respected, and taking into account their wishes and preferences.

The role of the Curateur public as a tutor is to:

  • ensure the person’s well-being and preserve their autonomy;
  • manage the person’s patrimony in accordance with its legal obligations; and
  • in general, ensure the exercise of their civil rights.

Once appointed by the court, the Curateur public starts to find out all about the person that it represents, their environment, and their patrimony.

When appointed as substitute tutor, the Curateur public may take recourse against the original tutor if the latter’s actions resulted in harm to the represented person.

To this end, it must establish a personal relationship with the represented person, by maintaining, insofar as possible, ties with their family and the people close to them (health and community workers, financial institutions, etc.). The Curateur public also relies on the medical and psychosocial assessments to determine the needs of the represented person, in order to set up a plan to meet those needs.

The Curateur public exercises powers of simple administration in managing the represented person’s patrimony.

Administration of the patrimony of a represented person by the Curateur public

As the represented person’s tutor, the Curateur public must, among other things:

  • make an inventory of their property;
  • receive government or other allowances and benefits to which the person is entitled;
  • pay for their accommodations and petty expenses;
  • manage the contracts they have already signed, to the extent permitted by the income available;
  • preserve and maintain the buildings they own;
  • manage their investments;
  • file their income tax returns;
  • submit a summary account of its administration, at the request of someone close to the person.

The Curateur public’s fees for a public tutorship

The Curateur public charges fees for the services it provides in relation to the representation of persons and the administration of patrimonies entrusted to it.

These fees are based on the cost of the services rendered and the market prices. They are adjusted for the cost of living on April 1 of each year and are subject to federal and provincial taxes.

Fee exemptions

The Curateur public may charge a fee for intervening in a private tutorship. However, it may also decide not to charge, if the following three conditions are met:

  • the represented person’s monthly income does not exceed the maximum amount corresponding to the Old Age Security This hyperlink will open in a new window. benefit plus the Guaranteed Income Supplement This hyperlink will open in a new window. for a single person;
  • the person’s liquid assets do not exceed $2,500;
  • the value of the patrimony does not exceed $130,000.

You will find more information in the document Fees — Services provided to represented persons (PDF 318 Kb).

Remittance of property following the death of a person represented by the Curateur public

Following the death of a person under its representation, the Curateur public hands over the person’s property to the liquidator of their succession. This is what is known as “remittance of property.”

The steps involved in the remittance of property

  1. Obtaining the documents
    The Curateur public must obtain the death certificate or the act of death from the Directeur de l’état civil.
    If the person owned assets of value (other than furniture, personal effects, and items of no value), the Curateur public must also obtain:
    • a certificate of a will search from the Chambre des notaires;
    • a certificate of a will search from the Barreau du Québec;
    • the last will and testament, where applicable.
  2. Analyzing the documents
    Depending on the situation, one of the following forms may need to be provided by the liquidator named in the will or by the heirs:
    • Declaration of heirs and designation of a liquidator;
    • Solemn declaration of the liquidator;
    • Solemn declaration of a sole heir;
    • Notarial declaration of heredity and designation of a liquidator.
    • Additional documents may also be requested (e.g., will probate or confirmation, judgment of appointment of the liquidator).
  3. Remitting the property to the liquidator
    The Curateur public hands over the represented person’s property to the liquidator of the succession. The remittance is accompanied by a financial document in which the Curateur public reports on its administration of the property.
    If the property cannot be remitted (e.g., no liquidator agrees to take on the role; the heirs are unknown or cannot be found; the heirs renounce the succession or fail to claim it), the Curateur public hands it over to Revenu Québec. The succession will then be registered in the Register of Unclaimed Property This hyperlink will open in a new window..
    It can take up to a year to complete the process of remitting the property of a deceased represented person.

Québec Pension Plan death benefit

The Québec Pension Plan death benefit This hyperlink will open in a new window. is paid following the deceased’s death, if the latter made sufficient contributions This hyperlink will open in a new window..

Filing tax returns for deceased represented persons

The Curateur public du Québec files tax returns for a deceased represented persons only up to the date of their death. It files tax returns if the person’s succession consists of quick assets (e.g., investments, real estate, cash); however, it does not file tax returns if the succession consists of unrealizable property (e.g., furniture, personal effects, items of no value).

If you have any questions about successions, heirs or estate liquidators, contact a legal advisor or consult the Death section on Québec.ca.

Last update: November 21, 2023

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