When a loved one is mentally incapable of making important decisions alone, they may need to be assigned to a tutor or guardian to take on this responsibility. Although this is often a difficult step, it is necessary in order to protect them and assert their rights.<\/p>\n\n\n\n
These two options are similar yet differ on a certain number of points. It is important to know what these differences are before deciding on what path to go down.<\/p>\n\n\n\n
To find out more, MedL\u00e9gal’s human rights lawyers<\/a> explain how to put a person under tutorship and curatorship in Canada.<\/strong><\/p>\n\n\n\n <\/p>\n\n\n\n Want to know how to apply for a tutorship in Canada? Find out everything you need to know!<\/strong><\/p>\n\n\n\n <\/p>\n\n\n\n As with curatorship, tutorship is a protection mandate<\/a>. It can be requested for an adult who is deemed incapable of exercising their rights and managing their affairs. <\/strong>When an individual is deemed as “incompetent<\/strong>“, tutorship may then be required. Tutorship is however not to be confused with disability insurance.<\/p>\n\n\n\n A tutorship can be sought for a temporary incapacity<\/strong> (e.g. due to a serious hospitalization) or a partial incapacity<\/strong> (e.g. aslight mental deficiency, leaving the person with some autonomy).<\/p>\n\n\n\n <\/p>\n\n\n\n A tutorship ends when the individual is once again fully autonomous and capable<\/strong> of asserting their rights and managing their belongings. This can occur if they receive a positive report from a health care institution or social services. The individual\u2019s tutorship could also end if the judge perceives that they are once again competent in court. Finally, as with a curatorship, a tutorship may also end upon the death of the individual<\/strong>.<\/p>\n\n\n\n <\/p>\n\n\n\n The tutor is the legal representative of the person under tutorship<\/strong>. Appointed by the court<\/strong>, they must ensure the proper management of the individual and their belongings<\/strong>. They must act in the individual’s best interests and guarantee his or her protection. <\/p>\n\n\n\n More specifically, the tutor must ensure the physical and psychological well-being <\/strong>of the person under tutorship. When the individual wants to use their health rights, they must notify their tutor. All decisions made must take into account the individual’s condition, needs and circumstances<\/strong>.<\/p>\n\n\n\n With more autonomy than a person under curatorship<\/strong>, the individual may have control over certain decisions and actions. It is up to the court to decide what these rights are.<\/p>\n\n\n\n <\/p>\n\n\n\n Any member of the individual\u2019s family<\/strong> may be appointed as guardian. This means that a parent, spouse or friend of the individual may be appointed.<\/p>\n\n\n\n If no one is willing to become a tutor for the represented adult, then the court will appoint a Public Curator<\/strong> (this is called a “public<\/strong>” tutorship as opposed to a “private<\/strong>” tutorship where a relative is appointed as tutor).<\/p>\n\n\n\n Note: The guardian must be an adult and emancipated person. <\/strong><\/p>\n\n\n\n <\/p>\n\n\n\n The tutor must protect the individual and manage the administration of his or her possessions. Each year, he or she must report to The Public Curator<\/strong> about how their management is going. The Public Curator will check if the person’s interests are being respected and if the tutor is acting responsibly.<\/p>\n\n\n\n The tutor is also responsible for monitoring when the individual under tutorship is once again able to care for him or herself.<\/strong><\/p>\n\n\n\n A tutor\u2019s responsibilities<\/strong> include:<\/p>\n\n\n\n Every 3 years,<\/strong> a re-evaluation<\/strong> of the individual\u2019s incompetence is conducted by the court to see whether the tutorship should continue or not.<\/p>\n\n\n\n <\/p>\n\n\n\n The individual\u2019s tutor is not paid for carrying out his or her duties, unless the court states otherwise.<\/strong><\/p>\n\n\n\n For managing the individual\u2019s possessions, the Public Curator may decide on a retainer fee to pay the tutor. The protected individual’s own funds may be used to pay for this.<\/p>\n\n\n\n <\/p>\n\n\n\n An individual under tutorship may have two tutors<\/strong>: one for the management of their possessions, and another for the management of their well-being and physical health. However, the same person is often appointed to perform both functions.<\/p>\n\n\n\n It is also possible for the individual under tutorship to only have one tutor,<\/strong> someone to manage their possessions, if the court determines that there is no need for someone to look over their health.<\/p>\n\n\n\n <\/p>\n\n\n\n In certain circumstances, the tutor doesn\u2019t carry out their duties properly. When this happens, you should contact the Public Curator<\/strong> to dismiss them. A dismissal of tutor can be requested by a relative, the Public Curator, the tutorship council or the individual themselves.<\/p>\n\n\n\n First, The Public Curator may ask the tutor to reconsider his or her management of the individual<\/strong>. If the situation does not improve, dismissal may be considered.<\/p>\n\n\n\n If the tutor is removed, The Public Curator takes over<\/strong> the management of the individual under tutorship until a replacement is found.<\/p>\n\n\n\n <\/p>\n\n\n\n Placing a loved one under curatorship is a difficult but sometimes necessary step. When a parent or grandparent no longer has the ability to manage their own affairs, curatorship may be the best option.<\/p>\n\n\n\n <\/p>\n\n\n\n Curatorship<\/strong> is a protection mandate that can be requested for an adult who is no longer able to manage their own health or property<\/strong>. The person is then considered incapacitated<\/strong>. Curatorship is intended to protect people<\/strong> and help them assert their rights<\/strong>.<\/p>\n\n\n\n Curatorship is meant for those who are completely and permanently incapacitated<\/strong>. The incapacity may be the result of an illness or accident<\/strong> that renders the person unable to take care of themselves or manage their property.<\/p>\n\n\n\n For those who are only partially or temporarily incapacitated<\/strong>, tutorship<\/strong> is more appropriate because it leaves them with a certain amount of autonomy.<\/p>\n\n\n\n Note: Curatorship is a kind of protective supervision, like tutorship and advisers for adults.<\/u><\/strong><\/p>\n\n\n\n Curatorship means that the person has no independence<\/strong>. They must be represented by their curator<\/strong> for all decisions regarding their well-being and property.<\/p>\n\n\n\n <\/p>\n\n\n\n Curatorship generally ends upon the death of the protected person<\/strong>.<\/p>\n\n\n\n <\/p>\n\n\n\n A curator<\/strong> is named by the court<\/strong> to act as an incapacitated person\u2019s legal representative<\/strong>. They are responsible for protecting the person under curatorship and managing their property.<\/p>\n\n\n\n The curator acts as the person\u2019s representative in many situations<\/strong>, including borrowing money, paying bills, selling property, health decisions, etc. They must always act in the protected person\u2019s best interest.<\/p>\n\n\n\n <\/p>\n\n\n\n Anyone considered close to the incapacitated person<\/strong> can be named their curator, as long as they are an adult or emancipated minor. They can be a family member, friend or spouse. All of these are examples of private curatorship.<\/p>\n\n\n\n If no one close to the person wants the responsibility<\/strong>, the court<\/strong> will appoint a public curator<\/strong> to be their legal representative.<\/p>\n\n\n\n <\/p>\n\n\n\n As the legal representative of an incapacitated person, a curator has certain responsibilities<\/strong>. They must \u201censure the moral and material well-being<\/strong>\u201d of the protected person. They must consider the person\u2019s condition, needs and faculties<\/strong> and act in their best interests.<\/p>\n\n\n\n A curator\u2019s responsibilities<\/strong> include the following:<\/p>\n\n\n\n The protected person\u2019s incapacity<\/strong> must be re-evaluated every 5 years<\/strong>.<\/p>\n\n\n\n Note: Incapacity should not be confused with <\/strong>disability<\/strong><\/a>.<\/strong><\/p>\n\n\n\n <\/p>\n\n\n\nTutorship in Canada<\/h2>\n\n\n\n
What is a tutorship?<\/h3>\n\n\n\n
How long does tutorship last?<\/h3>\n\n\n\n
What is a tutor?<\/h3>\n\n\n\n
Who can be a tutor?<\/h3>\n\n\n\n
What does a tutor do?<\/h3>\n\n\n\n
Is the tutor paid?<\/h3>\n\n\n\n
Can someone have two tutors?<\/h3>\n\n\n\n
What if a tutor is not doing their job properly?<\/h3>\n\n\n\n
Curatorship in Canada<\/h2>\n\n\n\n
What is curatorship?<\/h3>\n\n\n\n
When does curatorship end?<\/h3>\n\n\n\n
What is a curator?<\/h3>\n\n\n\n
Who can become a curator?<\/h3>\n\n\n\n
What are a curator\u2019s responsibilities?<\/h3>\n\n\n\n
What reports must the curator submit?<\/h3>\n\n\n\n