Tutorship to the property of a minor
The suppletive tutor is a person to whom a parent delegates their responsibilities as holder of parental authority and tutor to their child, or with whom they share these responsibilities. For example, a parent may want to share their responsibilities with a new spouse, without the latter necessarily adopting their child. Similarly, a single parent under the age of 18 could delegate their responsibilities to an aunt, who would then have the authority to make decisions about the child.
Unlike a dative tutor, a suppletive tutor may not be designated in a will, protection mandate, or declaration made to the Curateur public. Their designation must be authorized by the court.
Who may be designated as suppletive tutor?
The parent may designate one of the following people as suppletive tutor:
- one of the child’s grandparents or great-grandparents;
- the spouse of one of the child’s parents, grandparents, or great-grandparents;
- the child’s uncle, aunt, or sibling of full age;
- the spouse of the child’s uncle, aunt, or sibling of full age.
The designation of a suppletive tutor does not preclude a dative tutor from being named in a will, protection mandate, or declaration to the Curateur public.
Institution of a suppletive tutorship
As a parent, if you wish to share or delegate your responsibilities to another person, you must file an application directly with the court in the district where the child resides .
You can also hire a lawyer or a notary to make the arrangements. The suppletive tutor assumes their duties as soon they are appointed by the court.
Responsibilities of the suppletive tutor
The suppletive tutor has the same obligations as the legal tutor. They must ensure the protection of the minor, the exercise of their civil rights, and the administration of their patrimony. However, like the dative tutor, the suppletive tutor has no obligation of support toward the minor child. Therefore, they do not have to use their own money to meet the minor’s basic needs. This is up to the parents.
If they share their responsibilities with the suppletive tutor, the legal tutor retains legal tutorship and parental authority.
If they delegate them, the duties of legal tutor and holder of parental authority are suspended by law, and the suppletive tutor then exercises them, alone, with the other parent, or with another suppletive tutor.
The role of suppletive tutor is generally not paid. However, if the administration of the minor’s patrimony occupies most of your time, and if no compensation was specified at the time of your appointment, you may petition the court for compensation. The court will ask for the opinion of the tutorship council.
The court will set an amount to be taken from the patrimony of the minor. Your personal financial situation has no bearing on the amount of the payments you receive. In general, an hourly rate will be determined.
End of the suppletive tutorship
The suppletive tutorship ends:
- when the minor turns 18;
- when the court reinstates one of the parents as legal tutor and holder of parental authority (at the request of either parent, of the suppletive tutor, or of the child aged 10 or older);
- when a dative tutor is designated;
- when the suppletive tutor asks the court to be relieved of their duties. Their resignation takes effect once the court recognizes the appointment of a new suppletive tutor.
Contact the general information service of the Curateur public
Monday, Tuesday, Thursday and Friday: from 8:30 a.m. to 12:00 noon and from 1:00 p.m. to 4:30 p.m.
Wednesday: from 10:30 a.m. to 12:00 noon and from 1:00 p.m. to 4:30 p.m.
General mailing address (Head office and territorial branches)
Curateur public du Québec
500, rue Sherbrooke Ouest, bureau 1832
Montréal (Québec) H3A 0J2
Last update: July 27, 2023