Inability of a tutor to perform his duties

Responsibility: The Curateur public du Québec

A person appointed tutor to a minor has 30 days, from the time he is notified of his appointment, to notify the Curateur public that he accepts or refuses this responsibility.

If at the end of this period, the Curateur has not received any notice from this person, he presumes that he accepts to act as tutor to the minor.

The Curateur public du Québec, the tutorship council or a relative may request the replacement of a tutor or curator in the event of non-compliance with the obligations relating to the person or when the annual report provided gives serious cause for concern that the administration of the property under the administration of the private tutor or curator is not being adequately carried out.

POWER OF INQUIRY OF THE CURATEUR PUBLIC DU QUÉBEC

The law gives the Curateur public du Québec the power of inquiry to compel a person to provide information about his administration.

An unfavourable inquiry report may also lead to a motion to replace the tutor or curator.

On the other hand, when the position of tutor or curator of a person of full age becomes vacant, the Curateur public replaces him or her ex officio pending the appointment by the court of another legal representative.

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