Protection Regime in Quebec

In Quebec, the protection regime is a set of legal measures designed to safeguard individuals who have become incapable of taking care of themselves or managing their assets due to physical or mental limitations. This regime can apply to adults, often in cases of degenerative illnesses or accidents leading to incapacity, as well as to minors who lack parents or a guardian able to represent them. The purpose is to ensure the protection and respect of these individuals’ rights by appointing a legal representative responsible for managing their affairs.

Protection regime in Quebec

There are three main types of protection regimes in Quebec: tutorship, curatorship, and the protection mandate (formerly known as the mandate in case of incapacity). Tutorship is appropriate for those who need moderate assistance in managing their affairs, and it is generally applied on a temporary or partial basis. Curatorship, on the other hand, is more restrictive and is established when the person is deemed entirely incapable of handling their own affairs. Finally, the protection mandate is a document created by a capable individual who designates a trusted mandatary to act on their behalf if they become incapacitated in the future.

The establishment of a protection regime follows a rigorous legal process supervised by the court. To set up tutorship or curatorship, a medical opinion and a psychosocial assessment confirming the person’s incapacity are required. The court must then validate these opinions and appoint a tutor or curator, often a family member or close friend, who will be responsible for managing the protected person’s affairs. This process is essential to ensure that the person receives appropriate support while respecting their needs and autonomy.

Finally, a protection regime is subject to oversight and accountability requirements to protect the interests of the person under the regime. For instance, the tutor or curator must report on their management to the Public Curator of Quebec, which monitors the administration of assets and the welfare of the protected person. These controls help prevent abuse and ensure that actions taken align with the interests and dignity of the incapacitated individual. Thus, the protection regime is an essential mechanism to ensure the security, well-being, and responsible management of the affairs of vulnerable individuals.

Allen Madelin Avocats works daily on various legal issues regarding protection regimes and represent their clients in Courts. For further details, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].