Civil Code of Québec, 1991

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177. Tutorship is established in the interest of the minor; it is intended to ensure the protection of his person, the administration of his patrimony and, generally, to secure the exercise of his civil rights. 1991, c. 64, a. 177.

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178. Tutorship to minors is legal, suppletive or dative. Tutorship resulting from the law is legal. Tutorship for which a tutor is designated by the father or mother or by the parents or one of them, as the case may be, is suppletive or

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Tutorship is open to any natural person who can fully exercise civil rights and can take on the office.

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No one can be compelled to accept a dative tutorship, except that the director of youth protection may do so if no other person is available, and the Public Curator may do so for tutorship to property.

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The heirs of a tutor do not inherit the tutorship; they are accountable for the tutor’s administration, and if they are adults, they must continue it until a new tutor is appointed.

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Tutorship exercised by the director of youth protection or the Public Curator is attached to the office.

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Tutors named in this section exercise tutorship without pay, but parents may be paid by court order in limited cases.

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A dative tutor may receive remuneration fixed by the court or by certain family/succession decision-makers, and the court may also set the renewal terms.

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Except where divided, tutorship extends to the minor’s person and property.

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186. Where tutorship extends to the person of the minor and is exercised by a person other than the father or mother or the parents, the tutor acts as the person having parental authority, unless the court decides otherwise. 1991, c. 64,

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No more than one tutor to the person may be appointed, except that two may be appointed in a suppletive tutorship; several tutors to property may be appointed.

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The tutor to property is responsible for administering a minor’s property.

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A legal person may act as tutor to property if authorized by law.

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If a minor has a judicial interest to discuss with the tutor, a tutor ad hoc is appointed.

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A tutorship is based at the minor’s domicile; if the director of youth protection or the Public Curator exercises it, it is based at that person’s office location.

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191.1. The court seized of an application relating to the appointment or replacement of a tutor takes into consideration, in particular and where applicable, the judicial record of any proposed tutor, the judgments rendered in civil

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Parents who are of full age or emancipated are, by law, tutors to their minor child, and must also act for a child conceived but not yet born when the child's patrimonial interests require it.

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The father and mother, or the parents, exercise tutorship together unless one of them is deceased or unable to express their wishes in time.

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Either parent may authorize the other to act for them in acts related to tutorship.

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If a child’s custody is decided by judgment, the parents continue to exercise tutorship unless the court decides otherwise for grave reasons.

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If there is a disagreement about the exercise of tutorship, either parent may bring the dispute to court.

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197. Deprivation of parental authority entails loss of tutorship; withdrawal of certain attributes of parental authority or of the exercise of such attributes entails loss of tutorship only if so decided by the court. 1991, c. 64, a. 197.

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A parent deprived of tutorship may be reinstated as tutor once parental authority is fully restored.

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If a court deprives a minor’s parents of parental authority without appointing another tutor, the director of youth protection becomes the child’s legal tutor unless the child already has another tutor. The director is also the legal tutor, until the placement order, for certain children connected to adoption unless the court appointed another tutor.

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A parent of a minor child, or both parents together, may designate another person to act as or share the roles of legal tutor and person having parental authority when they cannot fully carry out those roles or when there is disengagement toward the child.

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The court must authorize a designation when the father or mother, or the parents, apply.

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The court may authorize the designation if consent is not obtained or if a refusal is not justified by the child’s interest.

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If a child is 10 or older, designation cannot happen without the child’s consent unless the child cannot express a will; the court may still authorize designation despite refusal, unless the child is 14 or older.

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Any interested person may contest the delegation or sharing of the offices of legal tutor and person having parental authority, and the designation of the tutor.

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Designating a suppletive tutor suspends the offices of legal tutor and person having parental authority for a father, mother, or parent who cannot fully assume them.

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Rules about tutorship and parental authority that apply to a parent also apply, with necessary modifications, to the suppletive tutor, except for rules about appointing a dative tutor and depriving parental authority.

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A court may reinstate a parent as legal tutor and holder of parental authority if new facts arise and the application is made by a parent, the tutor, or a child aged 10 or older.

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The office of tutor ends when the rules for instituting a dative tutorship start to apply, except for cases provided for in this chapter.

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Certain Québec Aboriginal custom conditions may replace suppletive tutorship conditions if they align with the child’s interests, the child’s rights, and the consent of the persons concerned.

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A parent may appoint a tutor for a minor child.

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The last surviving parent, or the parent still able to exercise tutorship, has the exclusive right to appoint a tutor if they kept legal tutorship until death.

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A tutor appointed by a parent takes office when accepting the appointment, unless the designation is contested.

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A tutor appointed by a parent must notify the liquidator of the succession and the Public Curator, whether the tutor accepts or refuses the office.

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If the person appointed by either parent refuses the tutorship, that person must promptly notify the replacement, if any, designated by the parent. The person may retract the refusal before the replacement accepts the office or before an application to institute tutorship is made to the court.

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205. Tutorship is conferred by the court where it is expedient to appoint a tutor or a replacement, to appoint a tutor ad hoc or a tutor to property or where the designation of a tutor appointed by the father and mother or by the parents

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Certain listed persons may apply to the court and, if needed, suggest a suitable person willing to accept the tutorship.

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The director of youth protection, or a person he recommends as tutor, may apply to have a tutorship instituted for certain vulnerable minors.

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The tutor must act as an administrator with simple administration for the minor’s property.

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Parents administering a minor child's property are generally not required to inventory it, provide security, give annual accounts, or seek advice or authorization from the tutorship council or court, unless the property exceeds $40,000 or the court orders otherwise on an interested person's application.

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210. All property given or bequeathed to a minor on condition that it be administered by a third person is withdrawn from the administration of the tutor. If the act does not indicate the particular mode of administration of the property,

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A tutor may accept a gift for a pupil alone, but cannot accept a gift with a charge unless the tutorship council authorizes it.

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A tutor may not transact or appeal unless the tutorship council authorizes it.

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A tutor must get authorization before certain major transactions involving a minor’s patrimony.

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A tutor may not sell or otherwise transfer property worth more than $40,000 without first getting an expert appraisal, unless the property is listed securities traded on a recognized stock exchange.

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A tutor acting alone may make an agreement to continue in indivision, but the minor can end it within one year after reaching full age, even if the agreement was for a longer term.

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The clerk of the court must notify the tutorship council and the Public Curator without delay about certain judgments and transactions involving a minor’s patrimonial interests.

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217. Where the property is worth more than $40,000, the liquidator of a succession which devolves or is bequeathed to a minor and the donor of property if the donee is a minor and, in any case, any person who pays an indemnity for the

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A tutor must use the property under administration to pay tutorship expenses and, when needed for the minor’s maintenance and education, to satisfy the parental support obligation.

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The tutor to the person must agree with the tutor to property on the yearly amounts needed to pay tutorship expenses.

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The minor manages the proceeds of his work and any allowances for ordinary and usual needs.

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A director of youth protection exercising a tutorship, or the person recommended by that director, must obtain court authorization when the tutor would otherwise need advice or authorization from the tutorship council.

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The tutorship council must supervise the tutorship, and it is made up of three designated persons unless the court decides it will be only one person.

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A tutorship council is created for dative tutorship and for legal tutorship, except where the listed exceptions apply.

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Any interested person may apply to a notary or the court to start a tutorship council meeting process for a minor.

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The tutor, or the parents, must start setting up the tutorship council.

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Certain family members and close connections must be called to a meeting to establish a tutorship council; the meeting must go ahead even if few people attend and may be held by technological means.

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Persons who shall be called are entitled to take part in the meeting that establishes the tutorship council and to give advice, even if they were not called.

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228. The meeting appoints the three members of the council and designates two alternates, giving consideration so far as possible to representation of the maternal and paternal lines or the lines of each of the two parents. It also

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The council must fill a vacancy by choosing a designated alternate in the same line as the vacancy, and if there is no alternate it must choose a qualifying relative, spouse/partner by marriage or civil union, or a friend.

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The tutorship council must invite the tutor to each of its meetings to hear the tutor’s advice; the minor may also be invited.

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The court may order a one-person tutorship council, choose the person to designate, or exempt the applicant from first calling a meeting of relatives, connected persons, or friends, if the listed conditions are met.

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No one may be compelled to accept membership in the council, except the director of youth protection and the Public Curator; a person who agreed to become a member may be released at any time if it is not an inopportune moment.

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The tutorship council gives advice and makes decisions in cases provided by law, and may act for a minor beneficiary when the property-administration rules say the beneficiary must or may consent, obtain advice, or be consulted.

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If two or more tutors for a minor disagree, the tutorship council helps settle the disagreement; if they still do not agree, the court decides on application by any interested person, including the Public Curator.

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If the council has three members, it must meet at least once a year and its deliberations are valid only if a majority attend or all members can communicate directly. Each member must give reasons, and the council must notify the minor (if 14 or older), the minor’s tutor, and the Public Curator when established and whenever its composition changes.

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When a minor has an interest to discuss judicially with his tutor, the council must have a tutor ad hoc appointed.

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The council must ensure the tutor inventories the minor’s property and provides and maintains security, and the council may examine the annual management account documents and obtain copies.

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An interested person may apply to court within 10 days, for a grave reason, to review a council decision or seek authorization to establish a new council.

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238. The tutor may demand the convening of the council or, if it cannot be convened, apply to the court for authorization to act alone. 1991, c. 64, a. 238.

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The council must preserve the tutorship records and transmit them to the minor or the minor’s heirs when the tutorship ends.

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The tutor must make an inventory of the property to be administered within 60 days after the tutorship begins, and must also do this for property that later devolves to the minor.

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A tutor who takes over another tutor’s administration after an account has been rendered is exempt from making an inventory.

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If the property administered by a tutor is worth more than $40,000, the tutor must obtain insurance or other security.

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The tutor must promptly give proof of the security to the tutorship council and the Public Curator, and must keep the security (or another of sufficient value) while in office.

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A legal person exercising tutorship to property is exempt from furnishing security.

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If it is advisable to release the security, the tutorship council or the minor after attaining full age may do so and may apply to cancel any registration. Notice of the cancellation must be given to the Public Curator.

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The tutor must send an annual account of management to the minor aged 14 or over, the tutorship council, and the Public Curator. A tutor to property must also render an annual account to the tutor to the person.

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At the end of administration, the tutor must give a final account to the former minor, the successor tutor, and, in some cases, the minor’s liquidator, and send a copy to the tutorship council and the Public Curator.

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An agreement between a tutor and a minor who has come of age about administration or accounts is null unless it is preceded by a detailed account and delivery of the related vouchers.

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The Public Curator must examine the annual accounts of management and the tutor’s final account, and must ascertain that the security is maintained.

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A dative tutor may apply to court to be relieved of duties for a serious reason, if the application is timely and notice is given to the tutorship council.

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The tutorship council must apply to replace a tutor who cannot perform duties or is neglecting obligations; in an emergency, a council member may do so, and an interested person, including the Public Curator, may also apply for the same reasons.

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If tutorship is exercised by the director of youth protection, a recommended tutor, or the Public Curator, any interested person may ask for replacement, and the request does not need justification beyond the minor’s interest.

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During proceedings, the tutor continues to perform his duties unless the court orders otherwise and appoints a provisional administrator for the minor’s property.

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254. Every judgment terminating the duties of a tutor contains the reasons for replacing him and designates the new tutor. 1991, c. 64, a. 254.

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Tutorship ends when the minor reaches full age, becomes fully emancipated, or dies.

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Tutorship to a person of full age is established in the person’s interest to protect the person, manage patrimony, and support the exercise of civil rights.

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Decisions about tutorship for an adult must be in the adult’s interest, respect rights, safeguard autonomy, and consider wishes and preferences.

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A tutor may be appointed for an adult who cannot care for himself or herself or manage property, and also for a prodigal who endangers a spouse or minor children.

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Section 259 is repealed.

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The tutor to an adult is responsible for custody and maintenance, unless the court decides otherwise, and must ensure the adult’s moral and material well-being.

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The Public Curator may not exercise tutorship to an adult unless appointed by the court; it may also act by virtue of office when the adult no longer has a tutor.

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Section 262 is repealed.

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The Public Curator usually does not have custody of a full-age person appointed a tutor, unless a court entrusts custody to him when no other person can assume it.

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The Public Curator, acting as tutor to an adult, may delegate some tutorship functions to a designated person if the person is not an employee of the health or social services establishment and has no duties there; the Curator may also authorize the delegate to consent to certain health-related care.

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The delegate must account to the Public Curator at least once a year. The Public Curator may revoke the delegation for a conflict of interest or any other serious reason.

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Rules for tutorship to minors apply, as adapted, to tutorship to adults; the spouse and first-degree descendants of the adult must be called to the relatives/friends meeting, along with persons called under article 226.

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The court may reduce the number of people to be called to the meeting, or exempt the person from calling the meeting, if the required effort cannot be made or has failed.

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The court may institute tutorship for a full-age person who is incapable of caring for himself or administering property and needs civil-rights representation.

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The court may appoint two tutors to a person whose parents are both the person’s father and mother, and either parent may authorize the other to act for them in tutorship matters.

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Several specified persons may apply for the institution of tutorship.

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If an adult patient in a health or social services institution appears to need representation for civil rights, the institution’s competent person must report the situation to the Public Curator and notify the adult and a close person.

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A tutorship to a person of full age may be applied for during the year before the person attains full age.

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The court may decide custody for a person of full age during proceedings, and may provisionally designate the Public Curator or another person before proceedings in urgent cases.

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273. An act under which the person of full age has already charged another person with the administration of his property continues to produce its effects notwithstanding the proceedings unless it is revoked by the court for a serious

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The court may provisionally designate the Public Curator or another person to act or administer property to prevent serious injury in specified tutorship-related situations.

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During and after proceedings, the adult person’s dwelling and furnished movable property remain at that person’s disposal.

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When a court examines an application to institute tutorship for an adult, it must consider specified evidence and the person’s wishes, and it must allow the adult to be heard.

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A judgment about tutorship to an adult may be reviewed at any time.

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When a tutorship is instituted, the court sets reassessment time limits for the person of full age; those limits cannot exceed five years, except that medical reassessment may be set for up to 10 years if the person’s situation is clearly unchanged.

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278.1. Where the medical or psychosocial assessor becomes aware that the situation of the person of full age has changed sufficiently to justify modifying or terminating the tutorship, the assessor attests to that fact in a report,

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A competent person must certify in a report, filed with the court office, when the incapacity or need for representation that justified tutorship to a person of full age has ended.

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The clerk must notify the adult person, the tutor, and persons qualified to intervene when review reports are filed, and must draw up and send an attestation without delay.

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Section 281 is repealed.

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Section 282 is repealed.

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Section 283 is repealed.

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Section 284 is repealed.

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Section 285 is repealed.

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The tutor has simple administration of the property of a full-age person who cannot administer his property, unless the court decides otherwise.

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The rules for a minor’s civil rights apply, with necessary adaptations, to a person of full age under tutorship.

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The court must decide, when creating or later reviewing a tutorship, whether the capacity rules for an adult under tutorship should be modified or clarified, and it must state which acts the person may do alone, with the tutor’s help, or only through representation.

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A person of full age under tutorship keeps control of the proceeds of his work, unless the court decides otherwise.

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A tutor must get authorization before taking certain major transactions involving the adult person’s patrimony, and the court must be used if the property or security is worth more than $40,000.

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Acts done before tutorship may be annulled, or the resulting obligations reduced, if the incapacity was notorious or known to the other contracting party when the acts were done.

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Section 291 is repealed.

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Section 292 is repealed.

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Section 293 is repealed.

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Section 294 is repealed.

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Tutorship to a person of full age ends if there is a judgment of release, if the person dies, or when the prescribed contest period for the report expires.

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A full-age person may, after tutorship ends and, if applicable, after the tutor accounts, confirm an act that would otherwise be null.

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296.1. A tutor may renounce his office only if a replacement tutor accepts the office. If no replacement tutor accepts the office, the tutor may, for a serious reason, apply to the court to be relieved of his duties, provided his

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The replacement tutor who accepts office must file the acceptance with the court clerk. The clerk must notify specified persons and, if no objection is made within 30 days after notice, the replacement takes effect by operation of law.

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A vacancy in the office of tutor does not end tutorship for a person of full age.

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The court may authorize someone to act for a full-age person when that person’s incapacity makes temporary representation necessary.

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Several specified persons may apply for temporary representation of a person of full age, and the person of full age may also apply to be represented.

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When the court reviews an application for temporary representation, it must consider the medical and psychosocial assessments from the adult person’s examination.

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The court sets the conditions for a temporary representative’s powers and may order the representative to account to certain family members, an interested person, or the Public Curator.

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The court may authorize a temporary representative to take certain property-related actions only in specified necessity-based circumstances or when the adult person wants it and is not at risk of serious injury.

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Decisions about appointing a temporary representative and carrying out the specific act must protect the adult person’s interests, rights, autonomy, wishes, and preferences.

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A full-age person who was required to be represented cannot have a solo act annulled or its resulting obligations reduced, unless the person suffers injury.

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297.8. The rules relating to the office of tutor and to the replacement of a tutor to a minor apply, adapted as required, to a temporary representative. 2020, c. 11, s. 58.

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Temporary representation ends when the specific act is done, and the temporary representative must notify the adult person and the Public Curator in writing.

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An adult who needs assistance because of a difficulty may apply to the Public Curator for recognition of a helper.

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An assistant may act as an intermediary for an adult person, communicate information, and pass on the adult person’s decisions.

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An assistant must act prudently and diligently, advocate for the full-age person’s wishes, respect that person’s privacy, and may handle information only with consent and as necessary to perform office duties.

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An assisted adult keeps full capacity to exercise civil rights, and the assistant may not sign in that person's name or intervene in the acts being assisted.

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A capable natural person may be recognized as an assistant.

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An assistant must not act when their personal interest conflicts with that of the assisted person of full age.

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A full-age person may apply to have one or two assistants recognized; if there are two assistants, they do not have to act jointly unless the full-age person decides otherwise.

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An assistant has no entitlement to remuneration, but an assisted person of full age must reimburse the assistant’s reasonable expenses incurred in carrying out the duties of the office.

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An assistant must inform the Public Curator of the assistant’s activities when the Public Curator asks.

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An application to recognize an assistant for a person of full age must be filed with the Public Curator by that person, together with any proposed assistant, or may be filed through a certified advocate or notary.

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An application must include a summary description of the patrimony of the person of full age.

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The Public Curator, an advocate, or a notary must ensure, without any proposed assistant present, that the adult understands the scope of the application and can express wishes and preferences.

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The Public Curator must verify the judicial record of the proposed assistant.

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