Tools and forms - Guide for the tutor and the tutorship council for a person of full age
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TOOLS AND FORMS TOOLS AND FORMS GUIDE FOR THE TUTOR AND THE TUTORSHIP COUNCIL FOR A PERSON OF FULL AGE
Transcript of Tools and forms - Guide for the tutor and the tutorship council for a person of full age
TOOLS AND FORMS
TOOLS AND FORMS
GUIDE FOR THE TUTOR AND THE TUTORSHIP COUNCIL FOR A PERSON OF FULL AGE
TOOLS AND FORMS
TOOLS
1. Glossary
2. Quick Reference (go over with private representation officer during first phone call)
3. Guide for Curators and Tutors Who Wish to Make an Inventory by Private Writing
4. Inventory Checklist
5. FinancialTracking(ExcelfileavailableontheCurateurpublic’swebsite)
6. Guide for Curators and Tutors Who Must Provide an Annual Administration Report
7. Annual Report Checklist
8. Agenda (sample)
9. Minutes of Annual Meeting of the Tutorship Council (sample)
10. Guide to Completing the Overview of Protective Supervision
FORMS
1. Inventory Made by Private Writing (attached form in envelope)
2. Application to a Financial Institution for a Hold Funds
3. Hold Funds Confirmation
4. Attestation to a Decision of the Tutorship Council Relative to the Security to be Provided by a Legal Representative
5. Overview of Protective Supervision
6. Tool to Assist Tutorship Councils in Consulting the Curateur public on Protective Supervision
TOOLS AND FORMS
GLOSSARY
WORDS DEFINITIONS
Ad hoc curator Curator appointed by the court on the recommendation of the tutorship council when a person of full age and his or her tutor have opposing interests in a legal matter, or when there is the appearance of a conflict of interest. The ad hoc curator is appointed to defend the interests of the person of full age with regard to a particular issue. His or her mandate is temporary. Once the issue has been settled, his or her role is terminated.
Ad hoc tutor Tutor appointed by the court on the recommendation of the tutorship council when a person of full age and his or her tutor are on opposing sides of a legal matter, or when there is the appearance of a conflict of interest. The ad hoc tutor is appointed to defend the interests of the person of full age with regard to a particular issue. His or her mandate is temporary. Once the issue has been settled, his or her role is terminated.
Allowance Sum of money paid to cover a need.
Annual report Document accounting for the administration of the property of a person of full age that is produced every year. It presents the protected person's property (assets), debts (liabilities), income, and expenses for the past year.
Assets All of the property owned by an individual, including money, real estate, vehicle, other possessions.
Civil rights Set of rights comprising, in particular, the right to respect for private and family life, respect of home and correspondence, right to one's image, right to freedom and security, freedom of movement, freedom of thought, conscience, and religion, right to free expression, assembly, and association, right to marry and start a family.
Clerk Officer of the court who exercises certain administrative and legal functions in a court such as the Superior Court.
Compensation Sum of money paid to remedy harm or an injury.
Costs of tutorship or curatorship
Sums directly related to the administration of the property of a person of full age. This could include expenses related to the tutorship or curatorship function or to the preservation and protection of property.
Curator to the property Curator who ensures the sound management of the patrimony of a person of full age and the protection of their assets. Generally, the same person is curator to the property and to the person.
WORDS DEFINITIONS
Curator to the person Curator whose specific role is to ensure the welfare of a person of full age and the exercise of their civil rights. For example, he or she ensures their rights are respected and gives consent to proposed medical treatments. Generally, the same person is curator to the property and to the person.
Fees Sums that a professional bills for his or her services.
Forms of protective supervision
Legal mechanisms established to protect individuals who have become vulnerable as a result of their incapacitated condition. They are designed to ensure the protection of these individuals, administration of their property, and generally enable them to exercise their rights.
Full administration of property
Powers that enable curators to exercise the same rights and powers over the property they are managing as they would with their own property, as long as they are acting in the interest and for the sole benefit of the person under their protection. Investments must be presumed sound, however.
In the capacity of Phrase that followsan individual’s name to indicate that theyarenotpersonallyconcerned, but rather are carrying out a particular role.
Inventory List of an individual's property and debts.
Investments that are presumed sound
Investments listed in the Civil Code of Québec are deemed prudent. Tutors andcurators are obligated to make investments presumed sound using the patrimony of the person of full age.
Judicial district Geographic division of Québec that has a courthouse that is responsible for themanagement of legal proceedings.
Liabilities Total amount of the debts an individual owes.
Liquidator Individual charged with settling a succession up to the distribution of assets to the heirs. In the past, the term for this was testamentary executor.
Meeting of relatives, persons connected by marriage or civil union and friends
Meeting of the immediate family, in-laws (brother-in-law, sister-in-law), and friends who are consulted about the composition of the tutorship council.
Motion or opinion on request
Official application to the court made according to an established procedure.
Notarial Document prepared and recorded by a notary.
WORDS DEFINITIONS
Patrimony The entire amount of a person's assets and obligations. It is considered as a whole, comprising both assets and liabilities.
Persons connected by marriage or civil union
Family by marriage/civil union (brother-in-law, sister-in-law).
Person of full age, of age
Person aged 18 or older.
Private writing Document that is not notarial. An inventory made by private writing must be done in the presence of two witnesses.
Public Curator IndividualappointedbytheQuébecgovernmentwho,withhisorherteam,protectsthe rights and property of incapacitated individuals who are isolated or whose family and friends are unable to care for them. The Public Curator supports and oversees tutors, curators, and tutorship council members. He or she also has the power to investigate, either on his or her own initiative, or on request.
Renouncing a succession
Refusing to be someone's heir by means of a notarial act or judicial declaration.
Security Guarantee furnished by the tutor or curator to protect the assets of the person of full age. This means that the person of full age's patrimony will be protected or compensated for if their tutor or curator appropriates or mismanages the property.
Simple administration of property
Powers that give tutors the right to perform certain acts, while others, depending on the situation or the amount involved, must be authorized by the tutorship council or the court.
Tutorship council Group that is usually composed of three individuals who are chosen from the family and friends attending the meeting of relatives, persons connected by marriage or civil union and friends to assist the tutor or curator and oversee his or her administration. This council has a secretary, who may or may not also be a council member.
Tutor to the person Tutor whose specific role is to ensure the welfare of a person of full age and the exercise of the person's civil rights. For example, he or she ensures their rights are respected and gives consent to proposed medical treatments. Generally, the same person is tutor to the property and to the person.
Tutor to the property Tutor who ensures the sound management of the patrimony of a person of full age and the protection of their assets. Generally, the same person is tutor to the property and to the person.
Curateur public file number: ______________________
Quick Reference1. Start date of tutorship or curatorship
2. Deadlines
• Deadline for producing the inventory (within two months of the institution of protective supervision)
• Deadline for furnishing security (deadline determined by the tutorship council)
• Deadline for producing annual report (within three months of the anniversary date of protective supervision)
• Deadline for completing reassessment (tutorship: every three years; curatorship: every five years)
• Deadline for producing final administration report (within 30 days of receiving notification to produce the final report)
3. Contact information
• Private Representation Officer
• Secretary of the tutorship council
• Notary or lawyer
• Accountant
• Social worker
• Attending physician
• Nurse, educator, other practitioner
• Contact person at the residence of the person under your protection
4. Other information
CONSEILDE TUTELLE TUTEUR
OUTILS
CURATEUR
Guide for the use of curators and tutors who want to provide an inventory as a private writing
You must fill out this form in the presence of two witnesses, who will sign it after it has been completed.
If you administer the assets of several people, you must fill out one form for each of them.
Please return one of the duly completed forms in the enclosed envelope and keep the other for your records. You must send the third copy to the tutorship council. The law requires that you make an inventory of the assets of the person you represent within two months of taking office as curator or tutor.
IdentificationEnter in this section:
• the last name, first name, date of birth and address of the represented person;
• your last name, first name, address and telephone number;
• the last name, first name, address and telephone number of each of the two witnesses;
• the date on which you prepare the inventory.
Assets
Point 1 : Cash
Enter the cash belonging to the patrimony that is in the possession of the legal representative or the represented person, as well as any cheques that have not yet been cashed or deposited.
Point 2 : Bank accounts
Enter the number and balance of any bank accounts (savings accounts and current accounts).
Point 3 : Certificates of deposit
Enter the number and the value of the certificates of deposit (term deposits) held by the represented person.
Point 4 : Accounts receivable
Enter any amounts lent based on an oral agreement or against a note signed by the represented person. Also enter the name and address of anyone owing money to the represented person.
Point 5 : Bonds
Enter the name of any bonds owned by the represented person, their number, their maturity date and their value.
Point 6 : Stocks and mutual fundsEnter the name of the shares owned by the represented person, the number of each of them, and if possible, their value at the time they were purchased. You must also enter in this section the units owned in mutual funds, if any.
Point 7 : Mortgage receivable
Not to be confused with a mortgage payable (box 17).
Enter the amounts lent on behalf of the represented person against a secured asset, most often a house. You must provide as much information as possible on a mortgage, because it often involves substantial amounts of money.
Point 8 : Buildings and property
Describe the buildings owned by the represented person. Specify if the value you enter is the current market value or municipal assessment. You must also include any undeveloped land in this section.
Point 9 : Prepaid funeral arrangements
Enter the value of any prepaid funeral arrangements made on behalf of the represented person, if any.
Page 1.
Point 10 : Motor vehicles
Enter the value of motor vehicles owned by the represented person; you must indicate the make and year of cars and trucks.
Point 11 : Life insurance
Enter information on life insurance owned by the represented person and its cash value, if any.
Point 12 : Furniture an personal effects
Describe any personal effects of the represented person that are worth more than $100. Furniture, jewelry, art, fur coat and expensive sports equipment fall into this category. If you think that some objects are very valuable, you can have them appraised by an expert.
These amounts must be included in the annual report as long as the represented person owns the items.
Point 13 : Other assets
Describe any other assets that you were unable to fit in point 12.
Total assets
Add up the total of the assets entered in points 1 to 13 inclusively.
Liabilities
Point 14 : Bank loans
Enter any balance outstanding on a personal loan contracted with a financial institution by or for the represented person. You must also enter the amount of the line of credit already used.
Point 15 : Accounts payable
Enter all invoices due for more than 30 days.
Point 16 : Note payable
Enter the balance outstanding on sums borrowed and guaranteed by a note by or on behalf of the represented person.
Point 17 : Mortgage payable
Enter the balance of the mortgage to be repaid, if any, in case the represented person owns mortgaged buildings or property.
Point 18 : Other loans
Enter any other debt that the represented person may still have to reimburse.
Point 19 : Other liabilities
Enter any other liability that may be part of the patrimony of the represented person.
Total liabilities
Add up the total of the value of all liabilities entered in points 14 to 19 inclusively.
If you have other documents (endorsement of a loan from someone else, legal proceedings under way, etc.) that may later affect the patrimony of the represented person, list them after the total of liabilities.
Declaration by the tutor or curatorThis section lets you describe assets in poor condition owned by the represented person, list sums the person owes you or you owe them and state your willingness to correct the inventory if you ever learn of other assets that do not appear on the list you have just made.
SignatureYou must sign the form yourself, then have it signed by the two witnesses and enter the date.
Page 2.
Inventory Checklist
All supporting documents have been included.
Bank statements including investments (assets)
Statements - loans
Statements–creditcardsandlineofcredit
Income–checkstubsorannualsummary
List all the property owned by the person under your protection.
Contact details of the institutions where the protected person has bank accounts or deposit certificates.
List assets worth $100 or more.
List all the debts of the person under your protection.
Bankloans–lineofcredit
Mortgage payable
Accountspayable(telephone,Hydro-Québec,etc.)
Other loans
The amounts entered are accurate.
The amounts are entered under the proper headings.
The totals are correct.
The Declaration of the Tutor/Curator has been completed.
The form has been signed and dated.
The person under your protection has received a copy of the inventory (recommended, but not compulsory).
The secretary of the tutorship council has received the original copy of the inventory.
CONSEILDE TUTELLE TUTEUR
OUTILS
CURATEUR
FINANCIAL TRACKINGYou will find a financial tracking template (Excel) in the electronique version of the guide at www.curateur.gouv.qc.ca
ANNUAL FINANCIAL TRACKING
BOX INCOME AMOUNT100 Bank interest earned101 Interest earned on bonds102 Dividend payments103 Interest on loans104 Rental earnings105 Benefits of social assistance & support (income security) 106 Québec Pension Plan (RRQ)107 Old age security pension (including guaranteed income supplement) 108 CSST benefits and compensation109 SAAQ benefits and compensation110 Other benefits111 Income tax refunds and tax credits (GST, QST)112 Other income120 TOTAL INCOME
BOX EXPENSES AMOUNT200 Bank and investment charges201 Tutor/curator costs202 Court authorized remuneration of tutor/curator203 Professional fees205 Insurance premiums, excluding property insurance206 Property expenses (taxes, insurance)207 Interest on mortgage or other loans208 Rent payments209 Housing and subsistence charges210 Heating, electricity, cable, telephone211 Taxes212 Medical costs213 Personal expenses of represented person215 Other expenses220 TOTAL EXPENSES
CONSEILDE TUTELLE TUTEUR
OUTILS
CURATEUR
MONTHLY FINANCIAL TRACKING
INCOME AMOUNTBank interest Interest on bondsDividends Interest on loansOther interest incomeRental incomeIncome or social solidarity assistanceQuébec pension planOld Age PensionCSST benefits or compensationSAAQ benefits or com-pensationIncome tax refunds and other credits (GST, QST)Orphan's pensionOther pension benefitsOther incomeSUB-TOTAL
EXPENSES AMOUNTHousingRent paymentHousing and subsistance costHeatingElectricityCableTelephoneSUB-TOTAL
Property belonging to person of full ageMunicipal taxInsuranceRenovation, maintenance costsMortgage payableCondo feesOtherSUB-TOTAL
Professional feesLawyer - NotaryAccountantOtherSUB-TOTAL
Tutor/curator costsTutor/curator costs
Court authorized remuneration of tutor/curator
SUB-TOTAL
Vehicle of person of full ageVehicle paymentInsuranceRegistration and driver's licenceGasMaintenance and repairsOtherSUB-TOTAL
Medical costsDentistOptometristEyeglasses - ProstheticsOtherSUB-TOTAL
Loan repaymentsPersonalStudentCredit cardOtherSUB-TOTAL
Other expensesBank and investment chargesPersonal expenses of protected personInsurance premiums, excluding property insuranceTaxOtherSUB-TOTAL
TOTAL INCOME
TOTAL EXPENSES
DIFFERENCE
This form serves as the annual administration report. It must be duly completed by the curator or tutor and submitted to the Curateur public as well as to the tutorship council.
This annual report refers to the property administered by the curator or tutor, as appropriate, on behalf of the represented person. If you administer the property of several people,
Print three copies of the completed form (pages 1, 2 and 3). Return the first set to the Curateur public. The second one must be sent to the tutorship council. Keep the third one for your files. The Curateur public grants an administrative delay of about three months for the production of the annual report.
You are required to keep all invoices, receipts and cheque stubs related to the administration of the property of the person you represent. These documents will help you account for your administration to the person or their heirs when you cease to exercise this responsibility and will be available for consultation to those concerned.
The annual reports must be examined by the Curateur public, who may make a more detailed audit and ask for supporting documents.
PAGE 1
PERIOD
You are required to complete a report of your administration every year. Enter the date of the start and end of the period of administration for which you are producing a report.
1) IDENTITY OF LEGAL REPRESENTATIVE
Your name and address must appear on the label at the top of the page. If your current address does not correspond to that shown on the label, enter corrections in the space "Your new address, if applicable".
Remember to check the box indicating whether you are a tutor to a minor or tutor or curator to a person of full age and indicate your relationship to the person you represent.
2) IDENTITY OF REPRESENTED MINOR OR PERSON OF FULL AGE
In this space, enter the last name, first name, date of birth and marital status of the represented person.
Address of the represented person
If the address of the person you represent is the same as your own, check the box "Same as above" and do not fill in the space "At that address since".
If the address of the person you represent differs from yours, enter it in the appropriate space.
3) ASSETS
All amounts entered in this section must be as of the end of the period.
Ligne 1 : Cash
Enter any cash in your possession at the end of the period. Do not include money in a bank account.
Ligne 2 : Bank accounts: name and address of institution
Enter the name and address of the financial institution and all account numbers for the current year. Indicate the balance in each account at the end of the period.
Ligne 6 : Deposit certificates: name and address of institution
Enter the name and address of the financial institution as well as the certificates numbers for the current year. Indicate the nominal value of each certificate as of the end of the period. Include certificates of deposit in an RRSP or RRIF, if any.
Ligne 12 : Accounts receivable (notes and loans): name and address of debtor
Enter all amounts receivable by the curator or tutor at the end of the period, as well as the name and address of the debtor. Not to be confused with an account payable (box 42).
Ligne 15 : Bonds
Enter details of bonds owned by the person you represent in the Securities Schedule, and enter the total of their purchase price (line 320) on line 15. Include bonds held in an RRSP or RRIF, if any.
Guide for curators and tutors required to submit an annual administration report
Ligne 16 : Stocks and mutual funds
Enter details about shares and mutual funds owned by the person you represent in the Security Schedule, and enter the total of their purchase price (line 360) in line 16. Include stocks and mutual funds held in an RRSP or RRIF, if any.
Ligne 17 : Mortgages payable: name and address of debtor
If the amounts were loaned from the assets of the person you represent and if the borrower has pledged property as security (in the form of a mortgage loan), enter the name and address of the borrower and the amount remaining to be repaid in line 17.
Not to be confused with a mortgage payable (box 46).
Ligne 20 : Buildings and land: address
If buildings or land were purchased more than a year ago, enter the value you attributed to this property in the inventory. You are required to record buildings or land purchased during the current year at the purchase price. Enter the address of each building or piece of land.
Ligne 22 : Funeral prearrangement contract
Enter the total cost of a funeral prearrangement contract signed by or on behalf of the person you represent.
Ligne 23 : Vehicles (car, ATV, motor home, boat, etc.)
Enter the value of vehicles owned by the person you represent. If they were purchased over a year ago, enter the value that you have attributed to them in the inventory. You are required to enter the purchase price as the value of vehicles purchased during the past year.
Ligne 24 : Life insurance (surrender value)
Enter the surrender value of a life insurance policy for the person your represent, if any. Also enter the name of the insurance company and the policy number.
Ligne 25 : Furniture and personal effects
Enter the total value of all furniture and personal effects belonging to the person you represent.
Ligne 26 : Others
Enter any other property not included above. Provide a brief and specific description of each item, indicating the value established at the opening of the curatorship or tutorship. Any property acquired at a later date must be evaluated at its purchase price. If necessary, list items on a separate sheet of paper.
Ligne 30 : Total of assets
Enter the total of the amounts entered on lines 1 to 26.
PAGE 2
4) LIABILITIES
All amounts entered in this section must be as of the end of the period.
Ligne 40 : Bank loans: name and address of lender
Enter the name and address of the lending institution as well as the amount remaining to pay of funds borrowed by or on behalf of the person you represent.
Ligne 42 : Accounts payable: name and address of creditor
Enter the amount of the accounts (electricity or telephone, for example) payable for more than 30 days as of the date of the annual report. Add the name and address of the companies that sent the bills.
Ligne 44 : Notes payable and other loans: name and address of creditor
If amounts were borrowed from an individual (with or without guarantee) by or on behalf of the person you represent, enter the amount remaining to repay as well as the name and address of the creditor.
Ligne 46 : Mortgages payable: name and address of creditor
If the person you represent has a mortgage on a house, enter the principal still to be paid and the name and address of the lending institution.
Ligne 49 : Other liabilities (specify)
List all amounts payable not reported above. If necessary, provide the list on a separate sheet of paper.
Ligne 55 : Total of liabilities
Enter the total of all amounts show on lines 40 to 50.
5) INCOME
All amounts entered in this section should match income received during the annual reporting period.
Ligne 100 : Bank interest
Enter any interest received on money in a bank or certificates of deposit during the period.
Ligne 101 : Interest on bonds
Enter the amount shown on line 330 of the Securities Schedule.
Ligne 102 : Dividends
Enter the amount shown on line 370 of the Securities Schedule.
Ligne 103 : Interest on loans
If funds belonging to the person you represent were lent with interest, enter the amount of interest paid by the borrower during the period.
Ligne 104 : Rental income
Enter rental income received during the period on behalf of the person you represent as owner of revenue-generating buildings or land.
Ligne 105 : Benefits of social assistance & support (income security)
Enter any social assistance benefits received during the period.
Ligne 106 : Québec Pension Plan (RRQ)
Enter any amount received from the Québec Pension Plan during the period.
Ligne 107 : Old age security pension (including guaranteed income supplement)
Enter any old age pension received during the period, including the guaranteed income supplement.
Ligne 108 : Benefits and indemnities from the CSST
Enter any benefits and indemnities received from the Commission de la santé et de la sécurité du travail during the period.
Ligne 109 : Benefits and indemnities from the SAAQ
Enter any benefits and indemnities received from the Société de l’assurance automobile du Québec during the period.
Ligne 110 : Other annuities (name of payer)
Enter any other benefits or pensions received by the person you represent during the period.
Ligne 111 : Income tax refunds and other credits (GST and QST)
Enter any refunds (income tax, GST and QST) that the person you represent received during the period.
Ligne 112 : Other income (specify)
Specify any other income received and not included above. If necessary, provide the list on a separate sheet of paper.
Ligne 120 : Total income
Enter the total of the amounts listed on lines 100 to 113.
6) EXPENSES
All amounts entered in this section must correspond to expenses paid during the period.
Ligne 200 : Bank charges and investment expenses
Enter all bank charges and other investment expenses (broker’s fees, rental of a safety deposit box, interest paid on bond purchases, etc.).
Ligne 201 : Tutor’s or curator’s expenses
Enter any expenses you paid from the assets of the person you represent that you can show resulted from the fact that you are the person’s legal representative. Not to be confused with remuneration (box 202).
Ligne 202 : Tutor’s or curator’s remuneration authorized by court
Enter the remuneration granted to you by judgment of the court to perform your duties as legal representative.
Ligne 203 : Professional fees
Enter the legal and accounting fees and other expenses of a professional nature incurred for the benefit of the represented person, with the exception of medical fees.
Ligne 204 : Curateur public supervision fees
Enter the amount of the supervision fees paid to the Curateur public from the assets of the represented person.
Ligne 205 : Insurance premiums (except for immovables)
Enter the amounts paid during the period to pay premiums if the person you represent holds insurance policies, except policies for real estate.
Ligne 206 : Immovable expenses (taxes, insurance, etc.)
Enter costs related to the buildings owned by the person you present (taxes, insurance premiums, maintenance, repairs, etc.).
Ligne 207 : Interest on mortgages or other loans
Enter the portion of the mortgage payments that constitutes interest.
Ligne 208 : Rent paid
Enter the amount of rent paid on behalf of the person you represent. Minors are not required to pay rent to their parents.
Ligne 209 : Accommodation and boarding expenses
Enter accommodation and boarding expenses paid for the person you represent if the person lives in an establishment in the health and social services network, in a private nursing home or foster home.
Ligne 210 : Heating, electricity, cable, phone
Enter costs related to these services.
Ligne 211 : Income tax
Enter the amount paid to the Revenue Québec and the Canadian Customs and Revenue Agency, if any, when the tax returns were prepared for the person you represent.
Ligne 212 : Medical expenses (specify)
Enter the medical expenses for the person you represent that are not covered by the Régie de l’assurance-maladie.
Ligne 213 : Personal expenses of represented person
Enter expenses for clothing, hairdressing, outings leisure activities, etc. These expenses apply primarily to a represented person of full age.
Ligne 215 : Other expenses (specify)
Enter all expenses incurred for the needs of the curatorship or the tutorship. Indicate the category of the expenses and the amount of each in lines 215- 217. If necessary, provide the list on a separate sheet of paper. Enter the minor’s exceptional expenditures. If you are a legal tutor, attach the “Exceptional Use of the Patrimony of a Minor” form.
Ligne 220 : Total expenses
Enter the total of the amounts shown in lines 200 to 217. Ensure that the totals of each section balance correctly.
SIGNATURE OF ANNUAL REPORT
Three copies of the annual report are provided: the first is for the Curateur public, the second for the tutorship council and the third for your files.
Each copy of the report must be signed by the curator or tutor to the person as well as the curator or tutor to the property.
Where a person is represented by more than one legal representative, each copy of the report must be signed by all representatives.
Annual Report Checklist
All supporting documents have been included.
Bank statements including investments (assets)
Statements - loans
Statements–creditcardsandlineofcredit
Income–checkstubsorannualsummary
Expenses–invoices(included)
Proof of renewal of security
List all the property owned by the person under your protection.
Contact details of the institutions where the protected person has bank accounts or deposit certificates.
List all the debts of the person under your protection.
Bank loans (including line of credit)
Mortgage payable
Income and expenses are presented on an annual basis and entered in the proper boxes of the annual report form.
If the tutor's or curator's remuneration is entered in box 202, it has been authorized by the court.
The amounts entered are accurate.
The amounts are entered under the proper headings.
The totals are correct.
All three copies have been signed and dated.
The person under your protection has received a copy of the annual report (if the situation permits).
The secretary of the tutorship council has received the annual report.
The minutes of the meetings have been sent to the Curateur public with the annual report (recommended, not obligatory).
CONSEILDE TUTELLE TUTEUR
OUTILS
CURATEUR
AGENDA
Annual Meeting of Tutorship Council
Date
Time
Location
Means used to meet (face to face, conference call)
X Tick off names of individuals in attendance.
Name of tutor or curator _____________________________________
Name of 2nd tutor/curator (if applicable) _____________________________________
Name of the represented person _____________________________________
Name of the secretary of the tutorship council _____________________________________
Name of the 1st member of the tutorship council _____________________________________
Name of the 2nd member of the tutorship council _____________________________________
Name of the 3rd member of the tutorship council _____________________________________
Agenda Responsibility
1. Greetings Secretary of the tutorship council
2. Adoption of the agenda All participants
3. Reportontheprotectedperson’swelfareandactionstakenduring the past year
All participants
4. Reportonadministrationoftheprotectedperson’sfinancesanddiscussion of annual report
All participants
5. Planning for the coming year All participants
6. Confirmation of security All participants
7. Other business All participants
CONSEILDE TUTELLE TUTEUR
OUTILS
CURATEUR
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N
ame
of t
he 3
rd m
embe
r of
the
tut
orsh
ip c
ounc
il
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_
How
did
the
mee
ting
take
pla
ce?
(For
exa
mpl
e: fa
ce to
face
, con
fere
nce
call)
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CON
SEIL
DE T
UTELL
ETUTEUR
OUTIL
S
CURATEUR
Agenda
Information / C
onclusions / Decisions
Follow-up
Responsibility
Dates
1.
Greetings
2.
Adoption of the
agenda
3.
Report on the
protected person's w
elfare
4.
Report on financial
managem
ent and discussion of annual report
5.
Planning for the
coming year
6.
Confirm
ation of security
7.
Other business
Held on (enter date)
2
Guide to Completing the Overview of Protective Supervision
The Overview of Protective Supervision is a tool that is useful for reviewing the steps you have taken over the past year to ensure the welfare of the person under your protection. It is also an excellent way to update the tutorship council.
The overview contains five sections:
1. Material needs and daily needs
2. Living environment
3. Health needs
4. Social needs
5. Upholding and exercising rights, and respecting the autonomy of the protected person
In each section, you can write about these different areas of concern. Feel free to use additional sheets of paper if you need to provide more detailed explanations. Attach them to the overview form and submit everything to the tutorship council.
Section 1 : Material needs and daily needs
Ask yourself if the daily needs of the person under your protection are being met in a satisfactory manner, and in a way that respects their integrity, dignity, and security. Pay particular attention to his or her material needs (clothing, furniture, technical aids, etc.). Try to find out whether the person is eating properly and getting adequate personal care (hygiene, clothing). Check that they have enough money to cover their personal expenses. Verify that the person has access to a means of transport that enables them to easily get around and carry out their daily activities. Write your comments in the column marked "Your Observations".
You yourself are not responsible for providing services to the person under your protection, but you must ensure that they receive them, for instance, by asking someone close to the person to make certain purchases for them, asking the CLSC to intervene when necessary, or, if necessary, hiring a legal advisor.
In the "Actions Taken or To Be Taken" column, write down what steps you took in the past year to change the situation if some of the person’s needs were not being met and what you intend to do in this respect.
For more information about ways to ensure the welfare of the protected person, see part 2.2 of section C on how to protect someone under tutorship/curatorship, on page 5.
Section 2 : Living environment
Write what you have done to ensure that the living environment of the person under your protection is safe and meets their different needs. For example, perhaps some furniture items need to be replaced with others that are more adapted to the person’s physical condition; or their home needs to be laid out differently so that they can continue living there. If the person is living in a care facility, you can speak regularly with staff, the person’s nurse, or other practitioner to confirm that this environment is still meeting the person’s needs. Also, indicate in the column entitled "Your Observations" if the person under your protection has expressed any wishes concerning their living environment (adaptations, home help, new furniture, moving, etc.).
You are not obligated to house the protected person yourself, but it’s important that their residence corresponds to their needs and wishes, and, of course, financial means. If their living environment is not satisfactory, note down the changes that might be made under "Actions Taken or To Be Taken". For instance, you can contact the healthcare network with a view to their eventual move into an environment that is better adapted to their condition, or apply to the CLSC for home support services.
Section 3 : Health needs
Here, you can write about health care services received by the person under your protection (medical appointments, administration of drugs, home support services, etc.). You can also note information in the "Your Observations" column, for instance, whether the person has access to a family doctor. We also suggest that you indicate whether the person is capable of consenting to care or if you had to make a medical decision in their name.
For more information about consent to care, see part 3 of section C on how to protect someone under tutorship/curatorship, on page 11.
If the person under your protection requires more care than they are currently receiving, write the steps you have taken to obtain them in the "Actions taken or to be taken" column.
Section 4 : Social needs
In the "Your Observations" column write what the protected person does to socialize and participate in activities that match their interests and needs. Record any opportunities that the person may have to maintain, in accordance with their capacities, healthy interpersonal relations and be socially active in order to avoid isolation.
In the "Actions Taken or To Be Taken" column you can add information about what you plan to do to facilitate the protected person’s participation in community, educational, work, or recreational activities.
It may be that the person does not wish, or is unable to take part in such activities. You don’t have to make the person do these things, simply provide them with a chance to do so, to the extent they are capable and want to do it.
Section 5 : Upholding and exercising rights, and respecting the autonomy of the protected person
The last section is where you report on how the person under your protection is using and developing their capacities. You can report about whether they have exercised the rights they are still entitled to exercise. For example, they can still vote in federal elections and consent to proposed treatments if they understand the consequences of the treatment.
You can also describe how you enable them to participate in the decisions concerning their protection, when this is possible, and how you have taken their values into account before making a decision on their behalf.
For more information about the use and development of the protected person’s capacities, see part 4 of section C on how to protect someone under tutorship/curatorship, on page 15.
Last, in this section, you can note whether you have hired a legal advisor (notary or lawyer) to defend the rights of the person under your protection.
2002-12
2002-12
APPLICATION TO A FINANCIAL INSTITUTION FOR A HOLD FUNDS
c.c. Curateur public du Québec
Identification of financial institution Name of financial institution:
Address: Postal code:
Telephone no.:
Identification of represented person First and last names:
Curatorship Tutorship
Curateur public file no.:
Legal representative's request
To guarantee the fulfillment of my obligations as curator tutor
for _________________________________________, I, the undersigned,______________________________________, (first and last names of represented person) first and last names of legal representative
request that the above-mentioned financial institution not dispose of the investments that I am administering for the above-mentioned individual, the details of which are as follows:
Nature of security No. of security Value of security Rate Maturity date
The hold funds should apply to the capital only the capital and interest.
The hold funds will remain effective regardless of the investment's maturity date.
The written authorization of the tutorship council is required to put an end to this agreement, in whole or in part, unless priorauthorization is obtained:
from the minor who has come of age or the represented person who has obtained a judgment of the court terminating his or her incapacity (notice of release of protective supervision);
OR
from the succession of the minor or the incapacitated person of full age, if applicable.
If applicable, investments that have reached their maturity date will be replaced with securities of similar quality; however, theabove-mentioned institution makes no representation or warranty regarding the capital in the account, the value of which may fluctuate due to movement in market prices.
_______________________________________ _________________________ Signature of legal representative Date
2002-12
Important: This document should be copied on the letterhead of the financial institution holding the investments. Non-compliant confirmations will be returned to you.
Hold Funds Confirmation
(date: month, day, year)
Secretary of the tutorship council
Subject: (Curatorship) (Tutorship) of (first and last names of represented person) Curateur public file no.:
Following the request made to us by (first and last names of legal representative), in the capacity of (curator) (tutor) to (first and last names of represented person), we hereby inform you that the following investment(s), belonging to this individual and administered by the legal representative, are the subject of a hold funds, as security to guarantee the performance of his or her obligations as legal representative of the above-mentioned person for the duration of protective supervision:
Note that the hold funds applies to the (capital only) (capital and interest).
The hold funds will remain effective regardless of the investment's maturity date.
The written authorization of the tutorship council is required to put an end to this agreement, in whole or in part, unless prior authorization is obtained:
from the minor who has come of age or the represented person who has obtained a judgment of the court terminating his or her incapacity (notice of release of protective supervision);
or
from the succession of the minor or the incapacitated person of full age, if applicable.
If applicable, investments that have reached their maturity date will be replaced with securities of similar quality; however, the above-mentioned institution makes no representation or warranty regarding the capital in the account, the value of which may fluctuate due to movement in market prices.
_______________________________________ Signature of the director of the financial institution
c.c.: Legal representative Curateur public du Québec
Nature of security No. of security Value of security Rate Maturity date
Page 1.Page 1.
Attestation to a Decision of the Tutorship Council Relative to the Security to be Provided by a Legal Representative
Identification of the legal representativeFirst and last names: Identification of the represented person First and last names:
Curateur public file no.: Decision of the tutorship council
I, the undersigned, (declarant's first and last name) __________________________________________, in the capacity of a tutorship council composed of one person, or as secretary of the tutorship council of the person identified above, hereby represent and certify that the decision made by said tutorship council on _______________________, 20____, regarding the security that must be furnished by the above-mentioned legal representative to guarantee the execution of his or her obligations in this capacity, namely:
A mortgage guarantee in the interest of the minor or the incapacitated person of full age in respect of a building located at (street number, street, city, province, postal code) ___________________________________________________________________________________________
up to the amount of $________________, accompanied by an attestation by the acting notary to the effect that the legal representative holds a good and valid title to this building, certifying the rank of the mortgage and the fact that, given the building's standardized assessment and other charges affecting it, the legal representative's obligations are truly guaranteed up to the amount stipulated above.
A contract of surety under the terms of which a financial institution or recognized insurance company undertakes jointly and severally to the represented person (mentioned above) or his or her heir to guarantee, up to the amount of $__________, the payment of the capital, interest, and costs of the final judgment issued against the above-mentioned legal representative for defaulting on the diligent and complete execution of his or her legal obligations in such capacity.
A hold funds under the terms of which a bank or other recognized financial institution formally undertakes in writing to not dispose of the investments it holds in the name of the legal representative in the capacity of the above-mentioned represented person. This hold funds will apply to investments representing a total capital of $______________, of which the institution may not divest itself unless it obtains express written authorization to do so:
- from the minor who has come of age or the represented person who has obtained a formal declaration of the termination of his or her incapacity or
- from the succession of the minor or the incapacitated person of full age, if applicable, or - from the tutorship council, who, without delay, will notify the Curateur public.
"Building" Exemption, identify the building or buildings (street number, street, city, province and postal code):
1 _________________________________________________________________________________________
2 _________________________________________________________________________________________
3 _________________________________________________________________________________________
1 Share owned by the represented person _____ % 2 Share owned by the represented person _____ %
3 Share owned by the represented person _____ %
In the event of the sale of one of these buildings, the tutor or curator must increase the security accordingly and notify the Curateur public du Québec.
Page 2.
Page 2.
Other types of security, specify:______________________________________________________________
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In accordance with the tutorship council's decision, the legal representative must furnish the above-mentioned security by the ____ day of _________________, 20____, and, without delay, send a copy to the tutorship council and the Curateur public du Québec.
_________________________________ Signature of declarant
_________________________________ Date
c.c.: Tutorship council Curateur public du Québec
Page 3.
Page 3.
Information for the Tutorship Council
The security is a guarantee furnished by the legal representative (tutor or curator) to ensure that the represented person's patrimony is protected or compensated for in the event of improper administration.
The security is determined by the tutorship council by a majority decision of its members.
The value of the property mentioned in article 242 below refers to all of the property of the represented person (investments, immoveable property, furniture, vehicles, etc.).
Keep in mind that the purpose of this security is not only to protect the patrimony of the represented person, but also the legal representative, with regard to his or her administration, and the members of the tutorship council, with regard to their personal responsibility to oversee the tutorship or curatorship.
The Curator public, or any other interested person, may, under certain circumstances, apply for a review of the tutorship council's decision.
Provisions of the Civil Code of Québec Concerning the Security
Art. 242. The tutor is bound, if the value of the property to be administered exceeds $25,000, to take out liability insurance or furnish other security to guarantee the performance of his obligations. The kind and object of the security and the time granted to furnish it are determined by the tutorship council. The tutorship is liable for the costs of the security.
Art. 243. The tutor shall without delay furnish proof of the security to the tutorship council and to the Public Curator. The tutor shall maintain the security or another of sufficient value for the duration of his office and furnish proof of it every year.
Art. 244. A legal person exercising tutorship to property is exempt from furnishing security.
Art. 245. Where it is advisable to release the security, the tutorship council or the minor, once he attains full age, may do so and, at the cost of the tutorship, apply for cancellation of the registration, if any. Notice of the cancellation is given to the Public Curator. (IMPORTANT: Pursuant to article 266 of the Civil Code of Québec, the rules pertaining to tutorship to minors apply, adapted as required, to tutorship and curatorship to persons of full age.)
Art. 266. The rules pertaining to tutorship to minors apply, adapted as required, to tutorship and curatorship to persons of full age.
Thus, the spouse and descendants in the first degree of the person of full age shall be called to the meeting of relatives, persons connected by marriage or a civil union and friends along with the persons to be called to it pursuant to article 226.
OVERVIEW OF PROTECTIVE SUPERVISION
During the time you are protecting the incapacitated person you will determine their different needs and ensure that action is taken to meet them. Although you will not provide the required services yourself, you are responsible for ensuring that he or she receives them. At times it may be difficult to monitor the situation.
You may find the chart below useful in determining the different needs of the person under your protection and keeping track of the steps you have taken. It is an excellent way to inform the tutorship council on how you are fulfilling this important task. We suggest that you complete this overview and give it to the tutorship council at the sametimeasyourannualreport,anddiscussitscontentstogether.Youdon’thavetosendittotheCurateurpublic.
Material needs and daily needs (e.g., clothes, food, furniture, technical aids, etc.)
Your Observations Actions Taken or To Be Taken
Livingenvironment(e.g.,Isitsafe?Doesitmeettheperson’sneeds?Isamovebeingconsidered?)
Your Observations Actions Taken or To Be Taken
Health needs (e.g., care, drugs, consent to care)
Your Observations Actions Taken or To Be Taken
CONSEILDE TUTELLE TUTEUR
OUTILS
CURATEUR
Social needs (e.g., recreational activities, relationships with others, reception of personal correspondence, access to the telephone, etc.)
Your Observations Actions Taken or To Be Taken
Respect and exercising of rights, and respect of the autonomy of the protected person (e.g., consultation or informationaboutdecisions,renewaloftheperson’shealthinsurancecard,signatureofaleaseintheirname)
Your Observations Actions Taken or To Be Taken
Do you have any other information to share about the protection of the person ?
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TOOL TO ASSIST TUTORSHIP COUNCILS IN CONSULTING THE CURATEUR PUBLIC ON PROTECTIVE SUPERVISION
The tutorship council is responsible for overseeing the activities of the tutor or curator. In addition to ensuring that the tutor or curator is soundly managing the property of the person under their protection, you must ensure that they respecttheperson’srights,arrangefortheperson’sneedstobemet,promotethemaintenanceanddevelopmentoftheprotectedperson’scapacities,andconsultandinformthepersonaboutdecisionstheymakeonhisorherbehalf.
Forassistancewiththistask,don’thesitatetorefertotheguidethatcomeswiththistoolorspeakwithapractitionerfrom the health and social services network (e.g., a social worker), legal advisor, the users committee of the care facility in which the person lives, or an advocacy group.
If the situation that concerns you is not resolved despite your efforts to find a solution, you can count on the Curateur public for support and assistance. Curateur public staff will work with you to ensure that the tutor or curator properly fulfills his or her role and obligations.
The tutorship council can contact the Curateur public at any time to discuss situations or issues of concern, and, if necessary, determine what steps to take.
Instructions: Answer the questions below if, as the tutorship council, you have concerns regarding the protection of the person, their welfare, or the respect of their rights. When you have finished, send it to the Curateur public.
1. In the Overview of Protective Supervision given to you by the tutor or curator, what are the elements that concern you ?
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CONSEILDE TUTELLE TUTEUR
OUTILS
CURATEUR
2. What interventions have you made or do you intend to make with the tutor or curator to clarify these concerns ?
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3. Do you have any other comments concerning the protection of the person ?
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SIGNATURE OF TUTORSHIP COUNCIL MEMBERS:
Date:
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NOTES
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www.curateur.gouv.qc.ca
April 2020
