When a family starts homologating a mandate of protection, or applying for tutorship, one question comes up again and again: "Where do we find the form?" The answer reassures most people. These forms are not for you to fill in. The doctor completes the medical evaluation. The social worker completes the psychosocial evaluation. Your part is mostly to gather a few documents and some information. Here is how it all works.
The short answer
The Curateur public du Québec offers evaluation forms meant for professionals in the health and social services network. For homologating a mandate of protection, there are two:
- The medical form, filled in by a doctor. It is the same form for homologation and for tutorship.
- The psychosocial form for homologation, filled in by a social worker who is a member of the OTSTCFQ. It is separate from the tutorship form.
Both evaluations are required. One does not replace the other. Your notary or lawyer usually coordinates everything and tells you what they need.
The Curateur public forms at a glance
The Curateur public publishes its evaluation forms on Québec.ca, in a section for the health network. Each one exists in French and in English. The English titles are:
- "Medical assessment related to an application to institute a tutorship to a person of full age or to homologate a protection mandate"
- "Psychosocial assessment for the homologation of a protection mandate"
- "Psychosocial assessment related to the institution of a tutorship to a person of full age"
The Curateur public states that older forms are no longer accepted for a new evaluation. Professionals need to use the current version.
The medical evaluation form
The doctor fills it in. The form reminds doctors that, under the Civil Code of Québec, they must have examined the person. The evaluation cannot be based on a file alone.
In broad terms, the medical form covers the diagnoses related to incapacity, an evaluation of the person's capacity and the doctor's opinion on the nature of the incapacity. The doctor also suggests when a reassessment should take place.
According to the form's instructions, the report is sent only if it concludes that the person is incapable. In a homologation, the original goes to the person who has declared under oath that they intend to apply for homologation, usually the mandatary. A copy goes to the person who was evaluated.
The psychosocial evaluation form for homologation
The social worker fills it in. According to the Curateur public reference guide, only a social worker who is a member of the OTSTCFQ and has completed the specific training can do this evaluation. The Curateur public also states that mandatory training is required to use its psychosocial evaluation forms.
Among other things, the form covers the person's living situation, their psychosocial and financial situation, their faculties and how they manage day to day. It makes room for their own opinion and for the views of people close to them. It also includes information about the mandate itself and an assessment of the people named as mandataries. The social worker ends with a professional opinion and a recommendation on the homologation.
As with the medical report, the original goes to the mandatary who has declared under oath that they intend to apply for homologation. A copy goes to the person who was evaluated. To learn how the meeting itself goes, read what to expect during a psychosocial evaluation.
What about tutorship?
If there is no mandate of protection, the family applies for tutorship to a person of full age. The medical form stays the same. The psychosocial form is different. Among other things, it includes a recommendation on the type and terms of the tutorship, and a list of relatives and close people who can form the meeting of relatives, allies or friends. That is why, in a tutorship file, families are asked for contact details for several relatives.
Are these forms mandatory?
It depends on the process.
- For tutorship: yes. The Curateur public reference guide says these forms are provided under the regulation that applies the Act respecting the Public Curator. They must be used and filled in completely, in the language the person uses most (French or English).
- For homologating a mandate: the same guide says the Curateur public forms are not covered by that regulation. Evaluators are not required to use them. The Curateur public adds that they contain all the elements the court needs.
For your family, this distinction changes very little. You do not choose the form. That is the job of the doctor, the social worker and the notary or lawyer.
Who hands out the forms, and to whom?
The forms are published on Québec.ca, but they are written for professionals. You do not need to download or print them. In practice:
- The notary or lawyer usually coordinates the file. The Curateur public guide describes the legal professional requesting the medical and psychosocial evaluations in writing. They will tell you what format they expect and who sends what to whom.
- The doctor completes the medical evaluation. This can be your loved one's family doctor or another doctor who examines them.
- The social worker completes the psychosocial evaluation. This can be a CLSC social worker or a social worker in private practice. The court accepts both.
Once both reports are ready, they join the other documents in the file, such as the original or certified copy of the mandate. The notary or lawyer then files the application. For the full sequence, see how to homologate a protection mandate in Quebec.
What your family can prepare
Even though you fill in no forms, you can save the evaluators a lot of time. Here is what I most often ask families for:
- A copy of the mandate of protection, or the name of the notary who holds the original.
- Your loved one's ID and health insurance number.
- Contact details for the notary or lawyer handling the file.
- The name of the doctor doing the medical evaluation, and the date of the exam, planned or past.
- Names and contact details for the mandataries and for the people who matter most in your loved one's life.
- A general picture of your loved one's income and assets, without every detail.
- Your own observations of daily life: what they still do on their own, and what has become hard.
For a fuller list, read documents needed to homologate a mandate in Quebec, or get the free prep checklist.
In what order?
I ask families to have the medical evaluation done first, or at least booked. The Curateur public guide, in its section on tutorship, says the doctor must note the incapacity before the psychosocial report is produced. The psychosocial form for homologation also asks whether the medical report has been written.
On my side, the process starts with a free 15-minute consultation. Then come intake forms, a family meeting (often virtual) and a visit with your loved one, wherever they live. My report goes to the notary or lawyer, usually within two weeks of the first meeting. For the bigger picture on timing, see how long homologation takes.
Where I fit in
I am a social worker and a member of the OTSTCFQ. I complete the psychosocial evaluations required for homologating a mandate of protection and for tutorship to a person of full age. I work in English and French across Greater Montreal and the West Island. I do not complete the medical evaluation, which is the doctor's role. If you are not sure where to start, a short conversation often clears up the next steps.
Common questions
What is the medical evaluation form for homologating a mandate of protection?
The Curateur public offers one medical form for both homologation and tutorship. In English it is called "Medical assessment related to an application to institute a tutorship to a person of full age or to homologate a protection mandate." The doctor fills it in after examining the person. The family does not fill it in.
Is there a psychosocial evaluation form for a mandate of protection?
Yes. The Curateur public offers a separate form, "Psychosocial assessment for the homologation of a protection mandate." A social worker who is a member of the OTSTCFQ and has completed the required training fills it in. Tutorship uses a different psychosocial form.
Does the family have to fill in these forms?
No. The doctor fills in the medical evaluation and the social worker fills in the psychosocial evaluation. The family provides information and documents. The notary or lawyer usually coordinates the whole file.
Are these forms mandatory?
For tutorship, yes. The Curateur public forms must be used and filled in completely. For homologating a mandate, the Curateur public reference guide says its forms are not mandatory, but that they contain all the elements the court needs. In both cases, older versions are no longer accepted for a new evaluation.
My parent signed a mandate in case of incapacity. Are the forms the same?
Yes. Mandate in case of incapacity is the older name for the mandate of protection. A mandate signed under the old name is still valid, and homologating it follows the same process, with the same medical and psychosocial evaluations.