One of the most useful changes from Quebec's 2022 reform of protection regimes is the assistance measure (in French, mesure d'assistance). It is designed for adults who need help managing certain aspects of their life but who have not lost the capacity to make their own decisions. For families who feel that tutorship is too heavy a step, the assistance measure is often the right answer. This guide explains what it is, who can use it, and how to apply.
What the assistance measure is
The assistance measure lets a capable adult formally name a trusted person as their assistant. Once the assistant is registered with the Curateur public, banks, government bodies, hospitals, and other institutions are required to communicate with the assistant on the adult's behalf. The assistant can ask questions, gather information, fill out forms, and help the adult navigate decisions.
What the assistant cannot do is decide for the adult. The decision-making authority stays entirely with the person being assisted. The assistant is a recognized helper, not a representative.
This is the structural difference from tutorship. A tutor steps in to make decisions when the person can no longer make them. An assistant helps the person make their own decisions when those decisions are still theirs to make.
Who the assistance measure is for
The assistance measure is for capable adults who:
- Are finding it harder to manage certain aspects of their life (paperwork, banking, government interactions, or medical follow-up) but still want to make their own choices.
- Are not legally incapable. They have not been declared incapable, and a psychosocial or medical evaluation has not concluded that they cannot make decisions for themselves.
- Want recognized help. Family members are sometimes blocked from getting information from a bank or hospital. The registered assistant has standing to be heard.
The most common situations I see:
- An aging parent who is still independent but increasingly tired by the administrative side of life: pensions, insurance, taxes, medical follow-up. They want their adult child looped in officially without giving up control.
- An adult with a mild intellectual disability or autism who lives independently and makes their own decisions but benefits from a recognized helper for certain transactions.
- An adult recovering from a stroke or brain injury whose capacity is intact but whose stamina or organization is affected.
What changes once an assistant is registered
The practical effects of registering an assistance measure are concrete:
- Banks can speak to the assistant about the assisted person's accounts, with the assisted person's permission. They cannot move money on their own.
- Government bodies (RAMQ, Service Canada, Revenu Québec) recognize the assistant as someone they can communicate with on behalf of the assisted person.
- Health care providers can share information with the assistant when consent has been given, simplifying the back-and-forth that families often struggle with.
- The assistance is registered publicly, with the Curateur public, so any institution can verify the assistant's status.
What does not change: the assisted person continues to sign their own documents, give their own consent, and make their own decisions. The structure recognizes that being capable does not mean managing everything alone.
How to apply
The assistance measure is registered with the Curateur public, not the Court. The process is much lighter than a tutorship application. In broad strokes:
- The adult chooses one or two assistants. The role can be shared.
- The application is filed with the Curateur public. A meeting or interview is part of the process so the Curateur public can confirm that the request comes from the adult and is not being imposed on them.
- The assistant is registered. Once approved, the registration is publicly available, and the assistant can begin acting in the role.
- The measure is renewed periodically. The assistance is not permanent. It is reviewed and renewed at intervals to make sure it still reflects what the adult wants.
The application can be done with or without legal assistance. Many adults apply on their own, with help from a family member to navigate the paperwork. A notary can also handle the application if the family prefers a guided process.
When the assistance measure is not enough
The assistance measure has a clear ceiling. If any of the following are true, a heavier framework is probably needed:
- The adult is no longer capable of making their own decisions. Once capacity has been lost, the assistant has no authority to step in. The path becomes either homologation of a protection mandate (if one was signed) or tutorship (if not).
- The adult is being financially exploited or pressured. An assistant cannot block a bad transaction. If protection is the goal, more authority is needed.
- The institution involved requires a representative, not just an assistant. Some legal acts (signing certain contracts, accepting an inheritance) cannot be done by the assistant. Temporary representation or full tutorship may be needed.
This is why the assistance measure is best thought of as one tool among several. For an overview of how it fits with tutorship and the protection mandate, see what is a régime de protection.
Where the social worker fits
The assistance measure does not require a psychosocial evaluation. It is the adult's choice, registered with their consent. Where a social worker is sometimes useful is on the front end: helping a family decide whether the assistance measure is the right fit, or whether the situation is closer to needing tutorship. That conversation is often what families come to me for first.
If you are weighing the options for your parent or your adult relative, I offer free 15-minute consultations. We can talk through what is actually happening day to day and which framework is the right starting point.