So, what is Curatorship?
Sadly, one day you could notice that your family member becomes incapable of taking care of himself with loss of autonomy associated with aging and physical disabilities. You mother can’t manage her house and her property. She loses her immediate memory. Or your father is not capable anymore to deal with his affairs, he doesn’t remember what did he do with his money. Your aunt is diagnosed with Alzheimer’s disease . Or your sister is diagnosed with frontotemporal dementia.
So you would want to know how can you help them to take care of themselves and their property.
Your first question would be if there is a protection mandate (mandate in case of incapacity). In such a mandate the signing person (a mandator) appoints another one (a mandatary) if the signing person would ever become incapable. Normally such a document is made by a notary or in front of witnesses. There are also forms available from the Quebec Public Curator.
If your incapable relatives haven’t made a protection mandate in advance, the law allows to proceed by opening protective supervision and to appoint a responsible person to administer the property and to take care of the incapable one.
Curatorship
Curatorship is one of the three available modes of protective supervision, the one with the strictest requirements. Curatorship is there for totally incapable people, as opposed to tutorship or advisers to persons of full age.
To open Curatorship, an application should be filed with a Court by any interested person who would really care. This application implies medical evaluaton as to incapacity as well as psycho-social evaluation.
A lawyer’s help in this complex and tedious process might become essential.
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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.
