Family guides

Tutorship to a person of full age in Quebec: a family guide

If a parent or adult family member has lost the ability to manage their own affairs and never signed a protection mandate, the path forward is usually tutorship. This guide explains what tutorship is, when a family needs it, how the process works in Quebec, and what the role of the tutor actually involves once the Court issues the order.

What tutorship is

Tutorship to a person of full age (in French, tutelle au majeur) is a court-ordered protection regime that lets a trusted person make decisions on behalf of an adult who has lost the capacity to make those decisions on their own. Since the 2022 reform of Quebec's protection regimes, tutorship is the only court-ordered protection regime that remains. The older regimes called curatelle and conseil au majeur were abolished. For more on what changed, see what is a régime de protection.

A tutor can be appointed for the person, for the property, or for both, depending on what the adult actually needs. The Court tailors the order to the person's situation. The starting point is always: the smallest amount of protection necessary, not the largest.

When a family needs tutorship

Tutorship is the right path when both of the following are true:

If a protection mandate was signed when the person was still capable, the family does not apply for tutorship. They homologate the mandate. Tutorship is the framework for situations where no advance planning was done, or where the planning that was done turns out to be insufficient.

The most common scenarios I see:

How the process works

A typical tutorship application moves through several stages:

1. A notary or lawyer prepares the file

The application is a formal court process. Most families work with a notary or a lawyer who prepares the paperwork, gathers the supporting reports, and files with the Court. Some files are handled through the non-contentious procedure at a notary's office; others go through the court process. The route depends on whether the family is aligned, who is being proposed as tutor, and the complexity of the property involved.

2. Two reports are required

The Court needs two evaluations:

For tutorship specifically, the psychosocial evaluation tends to be more in-depth than for mandate homologation, because the report is also recommending what kind of protection fits. For more on what the evaluation involves, see what to expect at a psychosocial evaluation.

3. A family meeting (assemblée de parents)

For tutorship to a person of full age, the law requires a meeting of relatives, allies, and friends to give an opinion on the application. This is sometimes called an assemblée de parents, alliés ou amis. The meeting nominates a proposed tutor and, where required, a tutorship council to oversee the tutor's work. The notary or lawyer organizes this meeting.

If the family is aligned, this step is straightforward. If there is disagreement about who should be tutor or how the role should be divided, this is where it surfaces. A meeting that runs into conflict can add weeks or months to the timeline.

4. The Court reviews and decides

Once the application, the two evaluations, and the family-meeting recommendation are filed, the Court reviews the file. In uncontested cases, the matter is often decided on paper, sometimes with a brief hearing. In contested cases, a fuller hearing is required and the timeline lengthens.

Who can be tutor

The Court generally appoints a close family member (a spouse, an adult child, a sibling, or a parent) when one is willing and suitable. A friend or other trusted person can also be appointed. For complex property matters, the Court may appoint a professional tutor for property while a family member acts as tutor to the person.

If no suitable private person is available, the Curateur public du Québec can be appointed as a tutor of last resort. Most families prefer to keep the role within their own circle when possible, because a private tutor knows the person and their wishes in a way the Curateur public cannot.

What the tutor can and cannot do

The Court order defines the tutor's exact powers. In general, a tutor of the person can make decisions about housing, medical care, daily routine, and contact with others. A tutor of the property can manage bank accounts, pay bills, file taxes, sell or maintain real estate, and otherwise manage the person's assets within the scope of the order.

What a tutor cannot do:

Tutorship is a regime of protection, not control. The principle, especially since the 2022 reform, is to preserve the person's autonomy as much as possible while filling in only where they cannot fill in for themselves.

Supervision and accountability

The tutor is supervised. The Curateur public reviews periodic reports on how the person is doing and how their property is being managed. A tutorship council, made up of family members or trusted others, may also have a role in oversight, depending on the order. The reports are usually filed annually.

This is not paperwork for its own sake. The supervision is what protects against the rare cases where a tutor would otherwise be tempted to act in their own interest rather than the person's. Most tutors find the structure useful: it tells them what good practice looks like.

Cost and timeline

For most uncontested tutorship files in Quebec, the total professional fees fall in a range similar to mandate homologation but with two differences. The psychosocial evaluation portion typically runs $2,500 to $4,000 because the report is more in-depth. Notary or legal fees can be somewhat higher because the Court has to determine who should be tutor. Plan for one to three months longer than a mandate homologation. Full breakdown in how much does homologation cost.

If you are at the start of a tutorship file

If you are not sure whether your family's situation calls for tutorship, mandate homologation, or one of the lighter measures, the fastest way to find out is a short conversation. I offer free 15-minute consultations and can usually point you in the right direction within that call.

Related guides

Free download

Prep checklist for Quebec families: mandate homologation & tutorship

A short, printable checklist of the documents and questions you will be asked. Works for both protection mandate homologation and tutorship cases.

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Not sure if tutorship is the right path?

Book a free 15-minute consultation. We can talk through where you are in the process and what fits your family's situation.

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