Once you are found incapacitated, you are no longer able to write a mandate and decide for yourself who will take care of you and administer your property. One of your relatives or the Curateur public will make an application to institute protective supervision.
Protective supervision determines the nature and extent of the moral and material protection to be provided to the incapacitated person of full age and designates the person authorized to represent or assist him. Depending on the degree of incapacity of the person, a tutorship or a curatorship will be instituted. The nature of this protective supervision will be subject to a mandatory reassessment in accordance with the provisions of the law.
If you become legally incapacitated and do not have a protection mandate, the court will have to decide who can act on your behalf and that person will be held accountable to other members of your family, in addition to the Curateur public du Québec. Such legal procedure is very energy consuming for your loved ones and the delay to obtain a judgment is about 4 months from the reception of the medical and psychosocial evaluations, which take about 9 months.
An application for the institution of protective supervision will be presented to the court or to a notary. Note that the application can only be presented to a notary if no one disputes it (including the person concerned). If the application is contested, it must be presented to the court. In all cases, a medical and psychosocial assessment of the person to be protected must be carried out.
The court or notary then convenes a meeting to bring together the relatives of the person concerned (“family meeting”) to obtain their opinion on the advisability of instituting protective supervision, to determine the form of protective supervision, to propose an advisor, a tutor or a curator and to designate the people who will be part of the “tutorship council.” This council will be responsible for overseeing the management of the tutor or curator and will be accountable to the Curateur public for all decisions made and all expenses incurred.
Avoid these long, heavy and stressful procedures to your loved ones by drafting a protection mandate today. Our team of experts will take care of all contingencies to protect your interests and property.