Role and obligations of the tutor to the minor

Responsibility: The Curateur public du Québec

The legal guardians of a minor child are his parents.

If both parents die, they can appoint a tutor for their child in their will or by a written declaration to the Curateur public. If the parents have not appointed a guardian, a court may do so.

The guardian represents the minor child in all civil acts. The guardian takes care of the child's welfare, administers the child's property, provides for the child's education and provides adequate supervision.

In the event of the death of the legal guardians of the minor child (the parents), they may have named a dative guardian for their child in their will; or in the event of incapacity, in their mandate or finally by a simple written declaration to the Public Curator. If only one of the parents dies, the tutorship is assumed by the other parent.

In the absence of an expressed wish by the parents, the court will appoint a dative tutor if both parents (the father and the mother) are deceased. The guardian will be the person appointed by the parent who died last or by the court if the parents died at the same time and had not previously appointed one.

ROLE OF THE GUARDIAN OF THE MINOR

The guardian represents the minor in all civil acts, takes care of his person and administers his property with prudence, diligence and competence. The guardian provides for the education and supervision of the minor.

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