Seniors experiencing a loss of autonomy
Replacing a tutor
Once the court has named a tutor, it is their responsibility to take care of the incapacitated person. However, in some situations, it may be necessary for the tutorship council, the Curateur public (public curator) or any other interested person to take steps to have the tutor replaced.
Situations in which the tutor must be replaced
The tutor must be replaced when they fail to perform their duties properly.
It might be, for example, that the tutor:
- is mistreating the incapacitated person or exploiting them financially,
- can no longer perform their duties (for example, the tutor has become incapacitated).
Requesting a change of tutor
If the tutorship council observes that the tutor is failing to carry out their duties properly, or can no longer do so, the council must apply to the court to request a change of tutor.
Any interested person can also report such a situation to the Public curator. The latter may then apply to the court to have the tutor replaced.
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The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.