Marie Madelin speaks on sale under tutorship
In her comment for the Journal de Montreal article, Me Madelin explains certain aspects of the sale of the property of a person under protection supervision (tutorship).
Particualrly ,Me Marie Madelin, a lawyer specializing in family law, says that many elderly or vulnerable individuals find themselves in situations when they have not prepared a protection mandate in advance. In such cases, the law requires the establishment of a protection regime. A person is then appointed as a tutor to manage the individual’s property under a regime of simple administration, with the court overseeing any major financial or legal decisions.
This legal framework, although administrative in nature, serves an important purpose. According to Me Madelin, the process is not overly burdensome but is essential for safeguarding the assets of individuals who may no longer be in a position to manage their affairs independently. Of course, it may seem restrictive, yet it provides that any significant transactions — such as selling a house — be done free from abuse or mismanagement.
Fraud and financial exploitation of the elderly are unfortunately all too common, Me Madelin warns. There have been cases where seniors were not even aware that their homes were being put up for sale. To reduce these risks, she suggests increasing awareness among real estate brokers about the legal safeguards in place. Educating professionals in the real estate sector could help prevent unauthorized transactions and protect the rights and interests of vulnerable individuals.
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