Watch out, curators! Your title changed on November 1, 2022: you’re now a tutor. With this change in title come some changes in power and responsibilities. Do you know what they are?
Curatorship no longer exists
All curatorships that were established in Quebec before November 1, 2022 have been automatically converted to tutorships. Former curators are now called “tutors”.
Despite this change, you will continue to fulfill the same duties you had before, like managing the represented person’s finances and property. This can change if the tutorship comes to an end or if a judge decides to change your duties.
Less power
Now that you’re a tutor, you may only manage the represented person’s day-to-day affairs. This means that you’ll need approval from the court or from the tutorship council for bigger decisions, like selling the person’s house or making risky investments.
A tutorship council can be established during a meeting with the represented person’s relatives and close friends. The court or a notary can convene this meeting if you or someone close to the represented person requests it. Consult a lawyer or notary to find out more about this process.
To learn more about the tutorship council’s role and when you need its approval, check out the Quebec.ca website.
A new responsibility
You must make sure the represented person’s situation is reassessed every five years. In some cases, a judge can choose a longer time limit for reassessment. No matter what the time limit is, the represented person must be reassessed whenever they ask for it.
The point of this reassessment is to empower represented people. It also aims to make sure they are always getting support that is suited to their needs. Judges read through the medical and psychosocial assessment reports to determine whether the tutorship’s conditions need to change. This includes specifying what the represented person can do on their own.
To learn more about your role, check out our article.