Mikaël’s father passed away last year, leaving him a large amount of money as the beneficiary of his life insurance policy. Because he’s not yet 18, Mikaël can’t manage the money himself, so you’re doing it for him. This Christmas, you’d like to give Mikaël a new bike, but you can’t afford it on your own. Can you use Mikaël’s inheritance from his father to buy the gift? It depends on your situation.
If you are the parent
If you are Mikaël’s mother, you have a duty to meet your obligations of support and maintenance with your own money. These obligations extend to the child’s everyday needs, such as:
- food;
- housing;
- personal care;
- clothing;
- transportation; and
- recreational activities.
It is your responsibility to buy your son’s gift with your own money. However, if you can’t afford to buy your child something special after paying for all these other expenses, there are certain exceptions under which you could use the money left by Mikaël's father. The tutorship council could assess the situation and authorize you to spend the money or, if the item is very expensive and the council refuses you or withholds its decision, the court could authorize the expense.
If you are the dative tutor
If you are Mikaël’s dative tutor, it’s a different story because you don’t have the same obligation of support as a parent does. For a large amount, the tutorship council formed to assist you with your decisions could authorize you to use the child’s money to buy his Christmas gifts. Each situation is different, and decisions must always be made based on Mikaël’s best interests.
To find out more, consult the Exceptional use of the patrimony of a minor section, the Guide for the Legal Tutor and the Tutorship Council for a Minor (PDF 2.66 Mb) or the one for the Dative Tutor (PDF 2.65 Mb). The Curateur public is available to answer your questions, inform you about your obligations and help you fulfill them.
