First of all, for curatorship to apply, the incapacitated person must have a serious mental disability, or her abilities must be seriously and permanently changed by an illness or accident. Because of her situation, in order to manage her property or exercise her civil rights, she needs to be represented by someone else.

If a member of the person’s family or circle of friends decides to represent her, this is called a private curatorship. If instead the court names a stranger to be curator to the person, this is called public curatorship.

Both types of curatorship can coexist. For example, Ewan becomes permanently incapacitated after a motorcycle accident. His father decides to be private curator for Ewan’s person, but he doesn’t want to be responsible for Ewan’s property. If this is the case, there will be two curators. It is also possible for one curator to take over both responsibilities: to the person and to the person’s property.

If the illness or incapacity is partial or temporary, the protective supervision that applies is called tutorship to a person of full age.

The private curator to a person of full age represents a person who is totally and permanently incapable, in all her legal acts.

The private curator to a person of full age also represents a person in the exercise of her civil rights. He ensures her well-being and administers her property with care, diligence and competence.

Examples of such administrative duties include:

• Sale of a building
  
• Taking out a mortgage (hypothec)
  
• Health-related decisions for the person
  
• Investment of her money

Every decision that concerns the person of full age must be made in her interest, with respect for her rights and the preservation of her independence.

The job of curator is not paid, unless the court decides otherwise at the time that the protective supervision begins.

The role of the Public Curator is the same as the private curator, except that the Public Curator is always paid for the services he provides when managing the property of the incapacitated person.

Upon being appointed, any person from the entourage of the person of full age (parents, family, friends) can act as the private curator to a person of full age. However, the rule stipulates that the private curator must be of full age (18 or over) and able to exercise his civil rights. There is an exception to this rule: a minor emancipated by marriage or by the court can be appointed to assume the curator’s duties.

Foreign citizens can also become private curators. In these cases, the foreign curator must obey the same rules as a person who resides here.

If a private curator is unavailable, the Public Curator will represent the incapacitated person of full age. Usually, somebody from the incapacitated person’s entourage will assume the role of legal representative. If nobody is available or willing to assume this responsibility, the court will appoint the Public Curator as the legal representative of the incapacitated person. This gives the Public Curator the power to ensure the person’s well-being and interests within the limitations of his mandate.

The law imposes obligations on private curators. Among other duties, a private curator must:

• make an inventory of the represented person’s property within two (2) months of being appointed and submit it to the Public Curator;
  
• pay a security deposit or obtain insurance if the property to administer is worth more than $ 25,000;
  
• render an annual account;
  
• render a final report at the end of the curatorship.

Generally, private curators must ensure the physical and moral well-being of the person of full age under curatorship, taking into account his condition, needs, faculties, and any other circumstances. Here are some specific examples of a curator’s responsibilities:

• Taking care of the person’s custody and maintenance. Curators can delegate this task to a residence, hospital, or any other place where the person lives;
  
• Maintaining a personal relationship with the person of full age under curatorship at all times;
  
• Getting the person of full age’s opinion whenever possible;
  
• Telling the person of full age about any decision made on his behalf;
  
• Authorizing or refusing medical treatment or surgery on behalf of the person of full age (if the person has been deemed incapable of consenting or refusing medical care);
  
• Representing the person of full age in the exercise of his civil rights and in any other legal matter;
  
• Have the curatorship reviewed every five years.

Not only are private curators responsible for preserving the protected person’s patrimony, they should try, as much as possible, to make it productive and increase it.

In no way does a curator have free reign over the money and property of a person of full age. His powers are extensive, but they don’t allow him, for example, to use all the savings of a person of full age to play the stock market. The curator must make sound investments that aim to increase the protected person’s assets. The curator should be careful when taking action because every year he must justify his financial acts before the tutorship council and the Public Curator.

In addition, the curator must make an inventory of the property of the person he represents within 60 days after the curatorship begins. If the value of the property is $25 000 or greater, the curator must provide security, that is he must provide a sum of money, a deposit certificate, a savings bond, etc.

Acts executed alone by a person of full age under curatorship while under protective supervision can be cancelled. It is not necessary to prove that the person of full age suffered a prejudice as a result of the act.

Example: While under curatorship, Pierre gave his stereo and television to an absolute stranger. Pierre’s curator can have this act annulled.

Acts performed before the institution of the curatorship may also be annulled or the resulting obligations reduced on the mere proof that the person’s incapacity was notorious or known to the other party at the time the acts were performed.

Example: Paul has been under curatorship since 2003 due to Alzheimer’s. In 2002, he made an unexpected move by selling the family residence to a person in his neighbourhood who knew of Paul’s illness. This act can definitely be cancelled.

Firstly, the Public Curator assumes an informative role, explaining to the curator his duties and responsibilities toward the person he represents. Soon after his appointment, the Public Curator will send the curator a guide that explains the roles, responsibilities and obligations of curators.

Secondly, the Public Curator oversees the administration of the curatorship. Among other duties, he can intervene in all situations affecting the incapacitated person of full age, especially when the curatorship is instituted. He also reviews the curator’s inventories, reports, and accounts.

If the Public Curator notices irregularities in the curator’s activities, he can ask the curator to correct the situation. If the curator is handling the responsibilities poorly, the Public Curator – or the tutorship council or any interested party – can ask that the curator be dismissed from his duties.

Yes. In his role as supervisor and administrator of the property of an incapacitated person of full age, the Public Curator charges certain fees. The fees are paid out of the patrimony of the person of full age. Since these fees vary a great deal, depending on the amount of time spent on each case, for example, we recommend visiting the website of the Public Curator for more information.