Do you believe that you or someone close to you is losing autonomy? Do you have any questions or concerns about this issue? Fortunately, legal protections are available in Quebec. They enable adults to receive assistance in taking care of themselves while respecting their autonomy, strengths, and limitations.
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A vulnerable person can name a temporary representative for one specific act, like selling their house. You must apply to a court to name such a representative.
You can apply for temporary representation yourself or on behalf of another person. You must include medical and psychosocial evaluations with the application. If the judge considers that you — or the person for whom you made the application — is incapacitated and that temporary representation is appropriate, given the situation, the judge may grant the request. The representation will end once the specific act has been carried out, for example, once the house sale has been completed.
Simplified assistance for daily tasks
You can also benefit from the assistance of someone close to you for daily tasks. With the assistance measure, you can request that a person you trust be officially recognized as your assistant. The request must be made jointly with the person who will assist you.
This request can be made free of charge to the Public Curator. Your assistant is your official go-between for dealing with other people or organizations, for example, government departments, the bank, or even your doctor. Your assistant can communicate and receive information on your behalf. They can also support you in decision-making.
Your assistant will not have the right to represent you since they are not your mandatary or your tutor. For example, they cannot sign documents on your behalf or make decisions for you.
You can have an assistant named for you if you are an adult experiencing some type of difficulty, such as a mental or physical health problem, a disability, or a loss of autonomy due to age. You could also have an assistant named if your first language is neither English nor French.
Longer-term assistance
If you become incapacitated and need long-term representation, tutorship could be an option. Tutorship is a protection measure that permits someone to look after you and manage your affairs. The legal term for this person is “tutor”.
Tutorship can be adapted to your needs and your level of autonomy. A judge will determine which actions you can continue to carry out and which will be carried out by your tutor. In deciding this, a judge will consider the medical and psychosocial assessments that were done, as well as the views of the incapacitated person, if possible.
Tutorship can be modified if your needs change. It can also be ended if you are no longer incapacitated.