Families call me asking about curatelle all the time. Most are surprised to learn that curatelle, as a private regime for incapacitated adults, no longer exists. The Quebec law on the protection of persons of full age changed substantially on November 1, 2022, when Bill 18 came into force. The system most people grew up hearing about, with curatelle for the most severely incapacitated and tutorship for less severe cases, was replaced. Here is the plain-language version of what changed and what it means for families today.
The short version
Curatelle was abolished as a private regime on November 1, 2022. What used to be called curatelle is now handled through tutorship to a person of full age, with the option for the Court to modulate the tutorship for adults who can still make some decisions independently. Curatelle still exists in one specific form, public curatelle, but only when the Curateur public of Quebec is the body assuming the role.
If a family member talks about curatelle today, what they almost always need is tutorship, possibly modulated.
What was curatelle, and why families still ask about it
Under the law before Bill 18, Quebec had three private protective regimes: conseiller au majeur (advisor to the person of full age), tutelle (tutorship), and curatelle (curatorship). Curatelle was the most restrictive of the three, intended for adults who had completely and permanently lost their capacity. The curator made all decisions on the person's behalf, with very little flexibility.
Curatelle was used widely for adults with advanced dementia, severe intellectual disabilities, or long-standing severe mental illness. Many Quebec families today have a parent or sibling who was placed under curatelle decades ago, which is why the word still circulates in family conversations.
The Quebec legislature concluded that curatelle, as designed, was too rigid. It often stripped away decision-making rights from people who could still meaningfully exercise them. Bill 18 was the legislative response: a single, more flexible protective measure (tutorship) that the Court can shape to fit each person's actual abilities.
What changed on November 1, 2022
Bill 18 (officially, An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons) made several changes families should know about.
- Curatelle and conseiller au majeur were abolished as private regimes. Families no longer apply for curatelle. Existing curatelles signed before November 2022 continue, but on review, they are converted to tutorship.
- Tutorship became the single private protective measure. One regime, but with the flexibility to be tailored to each person's situation.
- Modulated tutorship was introduced. The Court can preserve the represented person's ability to make decisions in specific areas, even when a tutor is appointed.
- The assistance measure was created. A new, lighter option for adults who do not need a tutor but want help making decisions.
- Temporary representation became more accessible for one-off urgent decisions while a longer file is in progress.
What tutorship looks like under the new system
Tutorship to a person of full age is now Quebec's main private protective measure for an adult who has lost capacity. The basic mechanics are similar to what tutorship looked like before: the Court appoints a tutor, usually a family member, to act on the person's behalf, based on a medical evaluation, a psychosocial evaluation, and notification of family and people close to the person.
What is different is the flexibility. Where the old curatelle was effectively all-or-nothing, the new tutorship can be modulated. The Court starts from the principle that the person retains as much autonomy as they can meaningfully exercise.
Modulated tutorship: the most important new feature
The Court can leave six specific civil acts in the hands of the represented person, even within an open tutorship:
- The right to vote
- The choice of where to live
- The right to make routine purchases
- The right to enter into a lease
- The right to enter into an employment contract
- The right to manage a portion of their own income
The psychosocial evaluation is where each of these gets discussed honestly. If your loved one can still make a meaningful choice about where they live, that should not be taken away from them just because tutorship is being opened. If they enjoy buying their own coffee in the morning and can still do it, that should stay theirs. The point of modulated tutorship is to protect what protection requires, and to leave alone what does not.
In practice, many tutorships open without modulation discussion, often because the family did not know to raise it. If autonomy on any of the six categories matters to your loved one, mention it during the psychosocial evaluation. The social worker can address it directly in the report.
The assistance measure: a lighter option
Bill 18 also created a new measure called the assistance measure (mesure d'assistance). This is for adults who do not need a tutor (so they have not lost capacity), but who want a recognized, official helper. The assistant can communicate with banks, insurers, government services, and others on the adult's behalf, but the assistant cannot decide for them. The adult remains in charge.
The assistance measure is requested through the Curateur public, not through the Court, and it renews every three years. For adults early in a memory illness or with mild intellectual disabilities, this can be a good fit, and it is much lighter weight than tutorship.
Public curatelle: the one place curatelle still lives
The word curatelle is not entirely gone. It still applies when the Curateur public of Quebec assumes the role of a representative for someone who has no family or close person able to take it on. This is sometimes called la curatelle publique. Public curatelle is a separate matter from the private regimes that were abolished, and it serves a real public purpose for adults without anyone else available.
Most families never need to interact with public curatelle. If a family member is willing and able to be a tutor, the Court appoints them, and the Curateur public is not involved.
If you have an old curatelle from before 2022
Curatelles signed before November 2022 are still in force. They do not automatically convert to tutorship overnight. However, when the file comes up for periodic reassessment (which Quebec law requires every five years for tutorship, ten years for some medical situations), the regime is reviewed under the new framework, and modulated tutorship can be considered.
If the represented person's situation has changed materially since the curatelle was opened, the family or the represented person can request a reassessment at any time, not only at the scheduled interval. This is one of the things a psychosocial reassessment is for.
What this means for families today
If you are at the start of this for a parent or another loved one: do not ask for curatelle. The current path is tutorship, and depending on what your loved one can still do, the Court may grant a modulated tutorship that preserves real autonomy.
If you have a family member already under curatelle from before 2022: know that the regime continues, but the next reassessment is an opportunity to review whether modulated tutorship would better fit their actual situation today.
If your loved one is still capable but you are starting to worry: the protection mandate (signed with a notary while still capable) is the single best thing you can put in place. It avoids the tutorship route entirely if and when capacity is eventually lost.
One last note
Bill 18 was not a small change. The law shifted from a system that often took too much away from adults who could still meaningfully decide, to a system that tries to leave them with as much as possible. The mechanics are still being absorbed by professionals across Quebec, and you may hear different things from different sources. The most reliable way through is a notary who has done these files since November 2022 and a social worker who works regularly under the new framework.