The assistance measure allows a person of full age who is capable to receive official help from someone they trust, without losing any of their rights. Created by Bill 18 and in effect since November 1, 2022, this measure is intended for anyone experiencing difficulties (loss of autonomy, mild intellectual disability, mental health issues, or language barrier) who wishes to have an official assistant to a person of full age officially recognized by the Public Curator of Québec.
Within the healthcare system, the assistance measure is particularly useful: a recognized caregiver can communicate with the hospital, pharmacy, or the Régie de l’assurance maladie du Québec (RAMQ) on behalf of the assisted person, simplifying an administrative process that is often burdensome in the context of illness or vulnerability. However, the measure has its limits, and some situations require more comprehensive legal protection.
Key Takeaways
- The assistance measure allows a capable person to choose one or two assistants recognized by the Public Curator, with no court proceedings or medical assessment required.
- The assistant acts as an official intermediary with third parties (financial institutions, healthcare professionals, government agencies) but cannot sign documents or make decisions on behalf of the person.
- The measure automatically expires after 3 years and can be renewed.
- Unlike tutorship for a person of full age or a protection mandate, the assistance measure does not restrict any of the assisted person’s rights.
- When the measure is no longer sufficient (progression toward incapacity, complex situations), a health law attorney can guide the transition to an appropriate protective measure.
What Is the Assistance Measure?
The assistance measure is an official, voluntary, and non-judicial recognition that allows a person experiencing a difficulty to designate one or two trusted individuals as assistants. Article 297.11 of the Civil Code of Québec specifies that the assistant to a person of full age is authorized to act as an intermediary between the assisted person and any third party, including professionals bound by professional secrecy. The assistant is presumed to act with the person’s consent.
Since it came into effect in November 2022, thousands of caregivers have been recognized as assistants in Québec (Source: Public Curator of Québec, January 2026). In 2025, the Public Curator also launched a pilot project allowing six non-profit organizations to be recognized as assistants, in order to extend access to this measure to isolated populations (Source: Quebec.ca, February 2026). The Public Curator, a Government of Québec agency, is the only body authorized to grant this recognition and register assistants in the Public Register of Assistants.
Assistance Measure: Who Is It For?
The assistance measure is intended for persons of full age who are capable and who experience a temporary or permanent difficulty:
- Loss of autonomy related to aging (without major cognitive impairment)
- Mild intellectual disability
- Mental health issues
- Physical limitations (vision, hearing, mobility)
- Language barriers
Essential condition: the person must understand the scope of the measure and be able to express their wishes and preferences. If this condition is not met, the assistance measure is not the appropriate option: tutorship for a person of full age would be more suitable.
Assistance Measure, Tutorship, Protection Mandate, and Power of Attorney: The Differences
Several protective mechanisms exist in Québec, and it is common to confuse them. The table below compares the four main measures based on practical criteria.
| Criterion | Assistance Measure | Tutorship to a Person of Full Age | Protection Mandate | Power of Attorney |
| Capacity required | Capable person | Incapable person | Anticipation of incapacity | Capable person |
| Process | Administrative (Public Curator) | Judicial (court) | Notarized + judicial homologation | Notarized or private writing |
| Medical assessment | No | Yes (medical and psychosocial) | Yes (at homologation) | No |
| Third party’s powers | Intermediary: obtain and transmit information | Full or modulated representation | Representation according to the terms of the mandate | Signing and transactions on your behalf |
| Person’s rights | Fully preserved | Limited according to modulation | Limited after homologation | Preserved |
| Duration | 3 years (renewable) | Periodic reassessment | Until death or discharge | As specified in the document |
| Cost | Free (on your own) or professional fees if using a lawyer/notary | Court fees | Notarial + court fees | Notarial fees |
Since Bill 18 came into effect, the former regimes of curatorship and adviser to a person of full age have been abolished. Modulated tutorship is now the sole protective regime for incapable persons, with the court having the ability to preserve certain capacities depending on the situation.
What Can (and Cannot) a Recognized Assistant Do?
The assistant recognized by the Public Curator holds a specific role, defined by law. Understanding the assistant’s powers and limitations is essential to determine whether the assistance measure meets your needs.
The Assistant’s Powers
The assistant registered in the Public Register of Assistants can act as the assisted person’s official intermediary with all third parties. In practice, the assistant can:
- Communicate with government departments and agencies to obtain or transmit information (Revenu Québec, RAMQ, SAAQ)
- Contact the assisted person’s financial institution to verify transactions or obtain details
- Communicate with healthcare professionals: attending physician, pharmacist, social worker, hospital team
- Accompany the assisted person to appointments with professionals
- Access the assisted person’s personal information, with their consent
In a healthcare context, the assistance measure is particularly valuable. A parent designated as an assistant can communicate with the care team of a long-term care facility (CHSLD) to inquire about a loved one’s medical follow-up. A caregiver can contact the RAMQ to clarify coverage for a treatment. An assistant can support a psychiatric patient during administrative dealings with a facility.
The Assistant’s Limitations
The assistance measure does not confer a power of representation. The assistant cannot:
- Sign documents on behalf of the assisted person (lease, contract, consent form)
- Carry out banking transactions in their place
- Make medical or financial decisions on their behalf
- Exercise the assisted person’s civil rights
- Demand compensation for their role (only reimbursement of reasonable expenses is provided for)
If the person needs someone to sign or decide on their behalf, a power of attorney (for financial matters) or tutorship (in case of incapacity) will be required.
How to Apply for an Assistance Measure
The application for recognition of an assistant is submitted to the Public Curator of Québec. Two options are available, depending on the complexity of your situation.
Applying Directly to the Public Curator (Free)
The person seeking assistance can submit the application themselves, jointly with the proposed assistant, through the online platform Mon dossier mesure d’assistance (Quebec.ca/mesure-assistance) or by mail.
The main steps are:
- Complete the application form and provide two pieces of identification for each party
- Notify at least two close relatives or friends of the application
- Submit the application to the Public Curator
- Attend an interview (by videoconference or in person) with a Public Curator professional
- Receive the Public Curator’s decision (approximately 60 days processing time)
If the application is approved, the assistant’s name is entered in the Public Register of Assistants. Since January 2026, the Public Curator also provides the assistant with an official card to facilitate verification of their status with third parties (Source: Quebec.ca, January 2026).
Applying with the Help of an Accredited Lawyer or Notary
A human rights lawyer accredited by the Québec Bar or an accredited notary can assist the person throughout the entire process: preparing the application, notifying relatives, conducting the interviews, and drafting the minutes to be submitted to the Public Curator (Source: Québec Bar).
Retaining a lawyer is particularly relevant in the following situations:
- The person is experiencing a difficulty related to mental health and the interview process raises concerns
- A family conflict exists regarding the designation of the assistant
- There is doubt about the person’s eligibility for the measure
- The situation is likely to evolve toward incapacity, and comprehensive legal guidance is advisable
Important notice: The choice of a protective measure has direct consequences on your rights. If in doubt, consult a lawyer specializing in personal rights or health law to assess which measure best suits your situation.
When the Assistance Measure Is No Longer Sufficient
The assistance measure is designed for capable persons who maintain full control of their decisions. When the situation evolves, this measure may become insufficient. Recognizing these limits allows you to act at the right time.
Progression toward incapacity
If the assisted person is no longer able to understand the scope of the measure or to express their wishes (progression of a degenerative disease, traumatic brain injury, major neurocognitive disorder), the assistant must cease their role and notify the Public Curator. Tutorship for a person of full age must then be considered, requiring medical and psychosocial assessments and court intervention.
Refusal by the Public Curator
The Public Curator may refuse to recognize an assistant if they determine that the person does not understand the scope of the measure or that the recognition may cause them serious harm. In the event of a refusal, the person has 30 days to request a review of the decision before the court.
Abuse or conflict of interest
If a report is filed with the Public Curator regarding the assistant’s conduct, or if a conflict of interest is identified, the recognition may be revoked. In serious cases, an application for tutorship may be necessary to protect the vulnerable person.
The role of a health law attorney
In these complex situations, a specialized lawyer can guide the family through the transition to an appropriate protective measure, file an application for tutorship, or challenge a refusal by the Public Curator. At MedLégal, our lawyers support healthcare system users and their families throughout all proceedings related to protective measures, legal psychiatry, and personal rights.
FAQ: Assistance Measure in Québec
What is the difference between the assistance measure and tutorship to a person of full age?
The assistance measure is intended for capable persons who wish to be supported without losing their rights. Tutorship is for persons declared incapable by a court, with mandatory medical and psychosocial assessments. The assistant can only communicate information. The tutor can make decisions and administer the person’s patrimony.
Is a lawyer required to apply for an assistance measure?
No. The application can be made free of charge by the person seeking assistance, directly with the Public Curator. However, an accredited lawyer is useful in complex situations: family conflict, mental health context, or doubt about eligibility. Persons eligible for legal aid may receive this assistance at no cost.
How long does the assistance measure last?
The assistance measure is valid for a maximum period of three years. It can be renewed by submitting a new application to the Public Curator. The renewal should be submitted approximately three months before expiry to avoid a service interruption.
What happens if the Public Curator refuses the application?
The Public Curator may refuse to recognize an assistant if they determine that the person does not understand the scope of the measure or that the measure may cause them harm. In the event of a refusal, the person may request a review before the court within 30 days of the notice of refusal.
Can the assistance measure help a hospitalized family member communicate with the hospital?
Yes. The recognized assistant can communicate with healthcare professionals and facilities on behalf of the assisted person, including persons bound by professional secrecy (art. 297.11 C.c.Q.). The measure is particularly useful for a loved one experiencing a loss of autonomy who needs help interacting with the healthcare system.
Can the assistance measure be terminated before the 3-year period?
Yes. The assisted person may terminate it at any time by contacting the Public Curator. The measure may also end if the assistant requests it, if tutorship is opened, if the assisted person passes away, or if the Public Curator fears serious harm.
Is the assistance measure the same as the former regime of adviser to a person of full age?
No. The regime of adviser to a person of full age was abolished on November 1, 2022, by Bill 18. The assistance measure is a distinct mechanism, voluntary and non-judicial, that does not restrict any of the assisted person’s rights and requires no court intervention.
Sources:
- Public Curator of Québec, “Assistance Measure” — https://www.quebec.ca/justice-et-etat-civil/protection-legale/mesure-assistance
- Civil Code of Québec, art. 297.11 C.c.Q. — Bill 18 (S.Q. 2020, c. 11) — https://cdn-contenu.quebec.ca/cdn-contenu/curateur-public/pdf/texte_offic_pl18.pdf
- Public Curator of Québec, “Assistance Measure: A New Tool for Recognized Assistants,” January 2026 — https://www.quebec.ca/nouvelles/actualites/details/mesure-assistance-nouvel-outil-pour-assistants-reconnus-68083
- Public Curator of Québec, “Pilot Project: Organizations as Assistants,” February 2026 — https://www.quebec.ca/justice-et-etat-civil/protection-legale/mesure-assistance/projet-pilote-organismes-assistants
- Québec Bar, “The Public Curator Act and the Seminar on the Recognition of an Assistant to a Person of Full Age” — https://www.barreau.qc.ca/fr/nouvelle/article/loi-curateur-public-seminaire-reconnaissance-assistant-majeur/
- Public Curator of Québec, press release “Helping a Loved One More Easily Through the Assistance Measure,” May 2026 — https://www.newswire.ca/fr/news-releases/curateur-public-aider-un-ou-une-proche-plus-facilement-grace-a-la-mesure-d-assistance-802363272.html
