The Public Curator (currently Denis Marsolais) role is to ensure the welfare and protection of the patrimony of an incapable person. Normally, he oversees the administration of tutorship and curatorship. This organisation also helps curators and members of the tutorship council to understand their obligations. This office has the power to investigate a tutorship or curatorship on request or of its own initiative.
When no one close to the incapable person wishes to become a tutor or curator, the Public Curator is appointed by the court to become the tutor or curator. He may also act if the incapable adult no longer has a curator or tutor . Thus, the he only intervenes if the family environment fails to organize itself and manage the protection regime in such a way as to protect the interests of the incapable person.
The Public Curator only has the simple administration of the property of an incapable person under supervision. That means that he can only do what isnecessary to preserve and maintain the patrimony of the protected person. Also, he is bound to collect the fruits and revenues of the property under his administration (for example: it can collect government allowances checks on behalf of the incapacitated adult).
The Public Curator has the responsibility to keep a register of protective supervision whether it is directly responsible or not of their administration. This register is accessible to everybody on their website. You can find there the name of the protected person, his legal representatives, number of the file, judgements, etc.
In case of a disagreement with the Public Curator, a lawyer can help you to protect your rights. Your lawyer will make representation for you.
We frequently represent people in front of the court to contest the nomination of the Public Curator, or to contest the rights of the people that were under the care of the Public Curator. We can also help you to obtain some details regarding the administration of the Public Curator.
Do not hesitate to contact our lawyers to see how we can help to fight for your rights.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
