Tutorship to the property of a minor
The Curateur public and tutorship to the property of a minor
The Curateur public oversees tutorships. It offers guidance to tutors and to the tutorship council. The court may also designate the Curateur public as tutor or tutorship council, as needed.
The Curateur public’s role and responsibilities in private tutorships to the property of a minor
The Curateur public ensures the protection of the property of minors.
A private tutorship is when someone other than the Curateur public acts as tutor.
In legal, dative and suppletive tutorships to the property of a minor, the Curateur public:
- supports and assists the tutor and the tutorship council in performing their duties;
- oversees the tutor’s administration of the patrimony of the minor in collaboration with the tutorship council;
- receives the inventory produced by the tutor;
- verifies the annual administration report produced by the tutor;
- determines the security, if this was not done by the tutorship council within six months of institution of the tutorship, or if it is acting as tutorship council;
- maintains a register of tutorships to minors in its Public register of representation measures;
- uses its investigative powers when examining the annual administration report, for example, or when deemed necessary;
- processes reports related to the administration of a register of tutorships to the minor the patrimony of the minor.
The Curateur public opens a separate file for each minor whose patrimony is subject to oversight. This file is assigned to an employee who is responsible for assisting the tutor and the tutorship council, answering their questions, and informing them about how to fulfill their respective obligations. They are also responsible for overseeing the tutor’s administration and for advising them, as needed. The Curateur public also has tools and forms to help tutors in their administration of the minor’s patrimony.
It also keeps on file:
- declarations by parents regarding the designation of a dative tutor (PDF 414 Kb) to the property;
- declarations of simple emancipation (PDF 696 Kb) made by the tutors of minor children over 16 years of age, along with the tutorship council.
The Curateur public’s role and responsibilities in public tutorships to the property of a minor
The Curateur public may be appointed as tutor to the property of a minor by court decision:
- when the child has no family and no tutor was designated following the parents’ death;
- when the parents are stripped of their parental authority by the court;
- when legal, dative, or suppletive tutors mismanage the patrimony entrusted to them or neglect their responsibilities and no replacement can be appointed.
When the initial tutor dies, goes bankrupt, or is placed under protective supervision due to incapacity, the Curateur public may also officially and temporarily assume the role of tutor to the property until a replacement is appointed.
Administration of the patrimony of the minor and defense of their interests
When it is appointed tutor, the Curateur public has the same obligations as a private tutor to the property. It must act with caution, diligence, honesty and loyalty. It must ensure:
- the protection of the interests of the minor;
- the preservation of the value of their patrimony; and
- their representation in the exercise of their civil rights for any matter regarding their patrimony.
Among other things, the Curateur public must:
- take an inventory of the minor’s property;
- receive government or other allowances and benefits to which the minor is entitled;
- preserve and maintain the buildings that the minor owns;
- manage their investments;
- file their income tax returns;
- inform the minor age 14 years or older and their tutor to the person about the administration of their patrimony;
- submit a summary account of its administration, at the request of someone close to the minor.
The Curateur public exercises powers of simple administration, just like a private tutor. However, it does not have to form a tutorship council.
End of the tutorship exercised by the Curateur public
The Curateur public performs its duties until the minor reaches full age, is emancipated, or another tutor is appointed by the court.
The Curateur public’s fees
The Curateur public charges fees for the services it provides as tutor to the property of a minor.
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.
Information about the Curateur public's fees is detailed in the leaflet Fees – Services provided to represented persons (PDF 343 Kb).
The Curateur public may decide not to charge fees, 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 benefit plus the Guaranteed Income Supplement for a single person;
- The minor’s liquid assets do not exceed $2,500; AND
- the value of the net assets does not exceed $130,000.
Oversight of the administration of private tutorships to the property of minors
The Curateur public does not charge fees for its role in overseeing private tutorships. However, if it takes steps in court to institute a tutorship to the property (dative tutorship), it will charge a specific amount upon receipt of the court judgment. Certain costs (e.g., court stamps, bailiff’s fees, subpoena costs, etc.) may be added to this amount.
Last update: February 23, 2023