Your mother has dementia and can no longer manage her bills. Or your son with autism is about to turn 18. Someone told you that you need guardianship. You search for it, and the Quebec results talk about mandates, homologation and tutorship instead. This guide explains what those words mean and which path fits your family.
Quebec does not use the word guardianship
In Ontario, the rest of Canada and the United States, a court can name a guardian for an adult who can no longer make decisions. Quebec has the same idea, but it uses different names. If you grew up elsewhere, or you read mostly English sources, this is where the confusion starts.
Here is how the terms line up:
- Court-appointed guardianship is called tutorship to a person of full age in Quebec (tutelle au majeur). The court names a tutor when no advance plan exists.
- A continuing power of attorney, the kind that keeps working after incapacity, is called a mandate of protection in Quebec. It used to be called a mandate in case of incapacity (mandat d'inaptitude). It only takes effect once a court homologates it.
- A regular power of attorney exists in Quebec too. It is meant for a person who still has capacity. It does not cover incapacity.
So the honest answer to "how do I get guardianship in Quebec" is: it depends on whether your loved one signed a mandate of protection.
The first question: was a mandate of protection signed?
Everything else follows from this answer.
- Yes, there is a mandate. The family applies to have it homologated. The person named in the mandate, the mandatary, gets the authority once the court approves it. There is no need to apply for tutorship.
- No, there is no mandate. The family applies for tutorship. The court decides who the tutor will be, after hearing from relatives at a family meeting.
Not sure whether a mandate exists? Ask the notary your parent used for their will. Mandates made before a notary are recorded in a central register kept by the Chambre des notaires. Your notary or lawyer can search it for you.
Guardianship of a parent with dementia
This is the situation I see most often. A parent with Alzheimer's or another dementia can no longer pay bills, manage medication or make safe decisions about where to live. Then a bank, a hospital or a residence asks the family for proof of legal authority.
Whichever path applies, the steps look much the same:
- Retain a notary or lawyer. They prepare and file the application.
- Get the medical evaluation. A doctor confirms the diagnosis and its effect on decision-making. This step often takes the longest.
- Get the psychosocial evaluation. A social worker who is a member of the OTSTCFQ meets your parent at home and reports on how they function day to day.
- For tutorship only, hold the family meeting. Relatives and close friends give their opinion on who should be tutor.
- The court decides. Once approved, the mandatary or tutor can act.
If you are not sure your parent has reached this point, read signs your aging parent may need an incapacity assessment.
Guardianship of an adult child with a disability
While your child is a minor, you are their tutor automatically. That authority ends on their 18th birthday. From that day, the law treats your son or daughter as an adult who makes their own decisions.
Many young adults with autism or an intellectual disability need no legal measure at all, or only light support. Quebec offers three levels:
- No legal measure, with practical supports like consent forms and supported banking.
- The assistance measure, where your young adult chooses a person to help them make decisions. It is registered with the Curateur public, not the court.
- Tutorship, when your young adult cannot make important decisions, even with help.
The question is your young adult's abilities, not the diagnosis. Families who start planning at 16 or 17 tend to move calmly. More detail in turning 18 with autism or an intellectual disability in Quebec.
Can a power of attorney do the job instead?
This is one of the most common questions families ask. The short answer is no.
A regular power of attorney is designed for someone who still has capacity. It does not cover incapacity. And once a person has lost capacity, it is too late to sign a new power of attorney or a mandate. Signing either one requires the capacity to understand it.
That is why timing matters. If your parent is in the early stages and can still understand what they are signing, a notary can tell you whether a mandate of protection is still possible. If that window has closed, tutorship is the path. See protection mandate vs. power of attorney in Quebec for the full comparison.
Who becomes the "guardian"?
- With a mandate: the mandatary your loved one chose when they signed it.
- With tutorship: the person the court appoints. This is usually a spouse, an adult child, a sibling or a parent. The court can name one tutor for the person and another for the property.
- When no one suitable is available: the Curateur public du Québec can act as tutor of last resort.
A tutor is supervised. The Curateur public reviews regular reports on the person's care and finances.
How long it takes and what it costs
For an uncontested file, most families should plan for several months from start to finish. Tutorship usually takes longer than homologating a mandate, because the court must also decide who the tutor will be. For the full picture, see how long homologation takes and what families pay.
Where I fit in
I am a social worker and a member of the OTSTCFQ. I complete the psychosocial evaluation the court requires for both homologation and tutorship. I work in English and French across Greater Montreal and the West Island. I meet your loved one where they live, and I send the report directly to your notary or lawyer.
If you are not sure which path fits your family, a short conversation usually clears it up. I offer free 15-minute consultations.
Common questions
Is there guardianship for adults in Quebec?
Not under that name. Quebec uses two tools instead. If the person signed a mandate of protection, the family has it homologated. If there is no mandate, the family applies for tutorship to a person of full age. Both give a family member legal authority to act.
How do I get guardianship of a parent with dementia in Quebec?
First, find out whether your parent signed a mandate of protection. If they did, a notary or lawyer applies to homologate it. If they did not, the family applies for tutorship. Both paths need a medical evaluation and a psychosocial evaluation.
Can a power of attorney replace guardianship in Quebec?
No. A regular power of attorney is meant for a person who still has capacity. It does not cover incapacity. Once a person has lost capacity, they can no longer sign a new power of attorney or mandate either.
Who decides that a person needs a guardian in Quebec?
The court makes the final decision. It relies on a medical evaluation from a doctor and a psychosocial evaluation from a social worker who is a member of the OTSTCFQ.