My Loved One Is Incapacitated Without a Protection Mandate: What Now?
Key takeaway: since the 2022 reform (Law 18), three paths exist when a loved one becomes incapacitated without having signed a protection mandate: the assistance measure, temporary representation and tutorship for adults. The last two require a medical evaluation and a psychosocial evaluation carried out by a social worker.
Recognizing incapacity: the first steps
A parent who can no longer pay their bills, forgets to eat or signs documents without understanding them: these situations often develop gradually. The first step is to speak with the person’s physician and check whether a protection mandate exists (the registers of the Chambre des notaires and the Barreau can be searched). If there is no mandate, the law provides other measures to protect your loved one.
The three options since Law 18
1. The assistance measure
For a person living with a difficulty who remains able to decide with help. One or two officially recognized assistants help them make decisions, exercise their rights and manage their property. The process is handled by the Public Curator, with no court proceedings.
2. Temporary representation
To carry out one specific act on behalf of an incapacitated person, for example selling their home to pay for their care. The measure ends once the act is completed. It requires a medical evaluation and a psychosocial evaluation.
3. Tutorship for adults
The complete protection measure, when the person needs ongoing representation. Since the reform, tutorship is single and adjustable: the court tailors it to the person’s actual abilities. It also requires both evaluations, then an application to the court, where a notary can replace the judge in several steps.
Good to know: the term “curatorship” no longer exists since the 2022 reform. If you still see that word in older documents, today’s equivalent measure is a court-adjusted tutorship for adults.
The role of the psychosocial evaluation
The psychosocial evaluation is performed by a social worker who is a member of the OTSTCFQ. It documents the person’s situation, support network, living environment and need for protection, then recommends the most appropriate measure and the best person to act. Together with the medical report, it is the cornerstone of the file presented to the court or notary. Our clinic performs these evaluations in Laval and online, with short turnaround times.
The concrete steps
- Confirm that no protection mandate was ever signed;
- Obtain the medical evaluation (physician) and the psychosocial evaluation (social worker);
- File the application at the courthouse or mandate a notary;
- Take part in the meeting of relatives, persons connected by marriage or civil union and friends, which forms the tutorship council;
- Receive the judgment that opens the tutorship and sets out its terms.
FAQ
Who can ask to open a tutorship for an adult?
A close relative (spouse, family member, or a person showing a special interest) can start the process. The Public Curator can also step in when no one comes forward.
Which evaluations are required for a tutorship or temporary representation?
Two reports are mandatory: a medical evaluation confirming incapacity and a psychosocial evaluation, carried out by a social worker, assessing the person's need for protection and overall situation.
What is temporary representation?
It is a measure that lets you represent an incapacitated person for one specific act, for example selling a house, without opening a full tutorship. Once the act is completed, the measure ends.
Does the assistance measure require going to court?
No. The assistance measure is an administrative process with the Public Curator. It is designed for people living with a difficulty who remain able to make their own decisions with support.
Can you avoid court to open a tutorship?
Partly. A notary can guide you and replace the judge in several steps of the procedure. The final decision to open the tutorship remains governed by law and the court.
Need a psychosocial evaluation quickly?
Our social worker guides you with compassion, in Laval or online, and produces a report that meets the requirements of the court and the Public Curator. Services offered in French and English.
Book an appointmentSources: Québec.ca, Tutorship for a person of full age · Québec.ca, Assistance measure · Éducaloi, Tutorship: Protecting an Incapacitated Person. See also our Psychosocial evaluation and Clinical reports pages. This article is informational and does not replace legal advice.
