Since 2022, a support measure called “assistant to an adult” has been in place in Quebec for capable but vulnerable persons. Unlike tutorship or protection mandates, this measure is non-judicial and involves the Public Curator rather than the courts for the designation of the assistant.
Assistant to an adult in Quebec
The eligible persons include:
• Elderly people with reduced autonomy who can still make decisions but face difficulties in obtaining information.
• Adults with a mild intellectual disability who need help with certain tasks.
• Adults with physical limitations (visual, auditory, or motor disabilities) who, despite full mental capacity, encounter obstacles in communicating with service providers.
• Adults suffering from anxiety or other mental illnesses that do not impede their functioning or understanding but make certain tasks difficult to accomplish alone.
• Immigrants with limited proficiency in French or English, for whom the language barrier complicates processes, particularly with authorities.
The assistant to adults acts as an intermediary, facilitating exchanges between the person and third parties (government, service companies, etc.). They help gather the necessary information for the person to make informed decisions without replacing them. The assistant cannot sign documents or exercise civil rights on behalf of the assisted person.
This measure aims to provide tailored support to capable but vulnerable individuals, enabling them to maintain their decision-making autonomy while benefiting from appropriate assistance.
Allen Madelin Avocats offer consultations both in person and via videoconference. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
