Seniors experiencing a loss of autonomy
Role of the tutorship council
You've been appointed to serve on a tutorship council, and you wonder what to expect? Here's what you need to know about your role and responsibilities.
Overseeing the tutor's actions
The role of the tutorship council is to oversee the tutor's actions. Therefore, the council's members must, among other things, verify documents prepared by the tutor concerning the administration of the incapacitated person's property.
The tutorship council is sometimes called upon to authorize the tutor to do certain things, such as sell valuable property belonging to the incapacitated person.
Throughout the tutorship, the council must ensure that the tutor carries out their responsibilities and acts in the incapacitated person's best interests, all while ensuring the latter's autonomy is respected.
Participating in a mandatory annual meeting
As a general rule, the members of the tutorship council must meet at least once a year. This meeting provides an opportunity to review the tutor's administration of the incapacitated person's property over the previous year. The tutor must be invited to this meeting, and the council can also invite the incapacitated person to attend.
The council must draw up minutes for the meetings and keep copies. This is a way for the council to keep track of decisions it has made concerning the incapacitated person. The council must use the model provided by the Gouvernement du Québec.
Acting to stop mismanagement or abuse
Members of the tutorship council must inform the Curateur public if they see that the incapacitated person has been the victim of abuse, for example, the person's well-being or security is threatened or there is some deterioration of their property or assets.
If the tutor has been the cause of these problems, the tutorship council must request that the tutor be replaced.
Tools to help members of tutorship councils
The responsibilities of a tutorship council may seem heavy. The Gouvernement du Québec has compiled various tools and forms in one handy place. These will help you to carry out your responsibilities with confidence.
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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.