The Public Curator and Protecting the Incapacitated

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Clientele : Senior Citizens Subject : The Public Curator and Protecting the Incapacitated Print date : February 8th, 2012

Senior Citizens

The Public Curator and Protecting the Incapacitated

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Wilson is retired. He has been battling cancer for almost a year. The treatments are difficult and, to make matters worse, he has started losing his memory. At least he remembers his only remaining loved one: his son. But Wilson knows that he cannot always count on his son for help because he, too, has been devastated by the disease.

When someone can no longer take care of himself or manage his property and there is no one in his circle of friends and family who can do this for him, the court can appoint the Public Curator to act on his behalf.

In this Infosheet, Éducaloi explains the role and responsibilities of the Public Curator when he acts as the tutor or curator for a person who needs protection.

Who is the Public Curator?

The Public Curator is a person appointed by the Québec government. Along with other responsibilities, the Curator protects the rights and the property of minors (people under 18) and incapacitated adults.

When a tutor or curator is named, the Public Curator also has the job of supervising how the tutor or curator carries out his role and offering him information and help.

When does the Public Curator act on behalf of someone?

The Public Curator usually acts for adults who have been declared by a court to be incapable of exercising their rights or taking care of their property, and who have no one in their circle of friends and family (e.g., spouse, partner, family member, friend) who can or wants to act on their behalf.

Also, when someone acting for an incapacitated person dies or gives up this role, the Public Curator acts as the replacement until people close to the incapacitated person name a replacement.

What are the Public Curator’s responsibilities as a tutor or curator?

The Public Curator can be named to look after the well-being of a person, or manage the property of that person, or both. His role – tutor or curator – and his responsibilities are determined by a judge, and will depend on the protected person’s degree of incapacity and general life circumstances.

Physical and Mental Health

Legally, the Public Curator is the incapacitated person’s guardian. Of course, on a day-to-day basis, it is not Curator who acts as guardian, but someone else. The chosen person or institution must look after the incapacitated person’s well-being and is allowed to make decisions about health care when the incapacitated person cannot make these decisions himself.

Even if someone else acts as guardian day-to-day, the Public Curator must still make sure that the incapacitated person is protected. The Public Curator can therefore make certain decisions about his well-being. For example, the Public Curator can decide where the incapacitated person will live and whether visits and outings should be controlled.
Managing Property

Whether he is acting as a tutor or curator, the Public Curator is responsible for seeing that the incapacitated person’s property is well managed, in keeping with the rules on “simple administration”.

For example, the Public Curator:
makes a list of the incapacitated person’s property
collects any allowances and compensation owed to the protected person
pays for his housing and expenses
manages contracts that were signed before the Public Curator was named to act for the protected person
protects and maintains any buildings owned by the protected person
manages his money and investments
prepares his tax returns

The Public Curator needs permission of a court to borrow large sums of money or sell or mortgage a building on behalf of the protected person.

How does the Public Curator carry out all his responsibilities?

The Public Curator is responsible for a large number of tutorships and curatorships in Quebec. To help maintain personal contact with the people he acts for, the Curator gives some of his powers to employees who are called “delegated curators”, or to other people he names. As much as possible, delegated curators must maintain a personal relationship with the protected person, ask his opinion and keep him informed of decisions.

Who can ask that the Public Curator be replaced?

Anyone close to the incapacitated person can ask the court to replace the Public Curator with someone else who agrees to act as tutor or curator.

It is better for the incapacitated person if whoever looks after him or manages his property comes from his circle of friends and family, for example, a spouse, partner, family member, friend or other person close to him. It is not necessary to show that the Public Curator is doing his job badly to ask that he be replaced.

Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.