Is your loved one able to make their own decisions, but having difficulty getting certain things done? Do they trust you and they’d like your help?
The “assistance measure” allows you to be officially recognized as their assistant.
Understanding your role and its limits is key to helping your loved one while respecting their autonomy.
The purpose of the assistance measure
Through this measure, the person you’re helping can appoint you as their assistant. You officially become their intermediary with third parties, including
- businesses,
- government services,
- financial institutions,
- professionals (lawyers, doctors, etc.).
As an assistant, you can communicate with these third parties to obtain or communicate information and decisions, always at your loved one’s request.
Your loved one can appoint one or two assistants, and decide whether they work together or separately.
To be recognized as an assistant requires only one procedure with the Public Curator. It’s not necessary to contact each third party to be able to speak on behalf of your loved one. Once you’re officially recognized as an assistant, your name is entered in the Public register of assistants.
When to use the assistance measure
Several challenges may prompt your loved one to have you recognized as their assistant. For example, your loved one:
- is a senior experiencing a loss of autonomy,
- has a mild intellectual disability or mental health problem,
- lives with a physical limitation (visual, hearing, mobility, etc.),
- or has a mother tongue other than English or French.
To benefit from the assistance measure, your loved one must be able to understand the scope of this measure and express their wishes and preferences.
How to have an assistant recognized
You can inform your loved one of the assistance measure, but it’s up to them to decide whether to appoint someone to assist them.
Your loved one can have one or two assistants recognized by submitting a request to the Public Curator (online or by mail).
The request can be made
- by you and your loved one (at no cost),
- or with the help of an accredited lawyer or notary.
The procedure does not require a court appearance or a medical or psychosocial assessment. To be recognized as an assistant, you’ll have to undergo a criminal background check.
To learn about all the steps involved, consult the website Having a person recognized as an assistant.
What you can do
Your role varies depending on your loved one’s requests as well as their wishes and preferences. For example, you could :
- communicate or receive information on behalf of your loved one,
- communicate a decision made by your loved one,
- support your loved one in making decisions,
- advise your loved one,
- with their consent, access your loved one’s personal information if needed to fulfill your role.
For example, you could call your loved one’s cable company to change their service plan or contact their financial institution to understand a transaction.
What you cannot do
As an assistant, you don’t have the same powers as a mandatary named in a power of attorney. For example, you cannot:
- sign documents on behalf of your loved one, such as a lease or any other contract,
- make decisions on their behalf,
- sell their house,
- carry out banking transactions on their behalf.
As an assistant, you cannot be paid. However, you can ask to be reimbursed for expenses reasonably related to your role, such as photocopies or parking fees.
Your responsibilities as assistant
As an assistant, you have several important responsibilities. For example, you must:
- act in your loved one’s interest,
- avoid any situation that could create a conflict of interest,
- respect your loved one’s privacy and protect their personal information,
- represent your loved one’s wishes and preferences to third parties,
- inform the Public Curator of your activities, if requested to do so.
How the assistance measure ends
The assistance measure automatically ends after three years. Your loved one can request a new one after that.
The assistance measure can also end before the three-year period if, among other things,
- you or your loved one request it,
- a tutorship is established or a protection mandate is homologated (made official) for you or your loved one,
- the Public Curator terminates the measure out of serious concern that it’s causing your loved one harm.