Kylie Goldman, MSW

For families when no mandate of protection was signed · Greater Montreal

Tutorship to a Person of Full Age in Quebec

MSW · OTSTCFQ Member · 100+ Psychosocial Assessments · English and French

Psychosocial reports typically delivered within 2 weeks of the first meeting

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Serving the West Island, Laval, Hudson, Saint-Lazare, Vaudreuil-Dorion, and Greater Montreal.

What tutorship means in Quebec today

Tutorship to a person of full age is the legal regime the Superior Court of Quebec uses to protect an adult who has lost the capacity to care for themselves or manage their property. The Court appoints a tutor, usually a family member or a close friend, to make decisions on the person's behalf. The tutor's powers are not unlimited. The Court tailors them to what the person can still do on their own.

Tutorship is used when no mandate of protection was signed before the person became incapacitated. If a mandate exists, the family pursues homologation instead. The two paths are legally distinct and lead to different Court processes.

How tutorship changed in 2022

On November 1, 2022, Bill 18 reformed Quebec's protective regimes. The reform did three important things:

If you are unsure whether tutorship or the assistance measure fits your loved one's situation, a notary or lawyer can confirm during their intake. I can also flag what I see during the psychosocial assessment.

When tutorship is the right path

Families typically pursue tutorship when:

The documents the Court requires

To institute tutorship, the notary or lawyer files a petition supported by:

  1. A medical evaluation, completed by a physician, confirming the person has lost capacity.
  2. A psychosocial assessment, completed by a social worker who is a member of the OTSTCFQ, describing the person's social functioning, autonomy, and what protection they need.
  3. A proposed tutor and, in many cases, a constituted tutorship council made up of relatives or close friends who agree to oversee the tutor.

The psychosocial assessment is particularly important in tutorship files because the Court uses it to decide how broad or narrow the tutor's powers should be. A careful, specific report helps the Court protect the person's remaining autonomy.

View the five parties involved in a tutorship file
  • The family member or close friend petitioning to be tutor — initiates and typically pays for the process.
  • The notary or lawyer — prepares the petition, files it with the Court, and represents the family at any hearing.
  • The physician — completes the medical evaluation.
  • The social worker — completes the psychosocial assessment. This is my role.
  • The tutorship council — relatives or close friends, constituted under the Civil Code, who oversee the tutor.

What I do in a tutorship file

Once you have engaged a notary or lawyer and the medical evaluation is underway or completed, I step in for the psychosocial portion:

  1. Free 15-minute consultation. I confirm tutorship is the right path, that you have a notary engaged, and answer any questions about the process.
  2. Intake paperwork. Consent forms and a family questionnaire, completed before work begins.
  3. Family meeting (typically virtual). We gather background, medical history, the timeline of decline, the family's intentions, and the proposed tutorship council.
  4. In-home assessment. I meet your loved one at home or at their place of residence for 45 to 90 minutes. Most experience it as a conversation, not an examination.
  5. Written report. Delivered directly to your notary or lawyer, typically within two weeks of the first meeting. The report describes the person's social functioning, the support they need, and what powers the tutor should have.

For uncomplicated files, the full process from first consultation to delivered psychosocial report runs 3 to 5 weeks. Tutorship petitions then typically run 4 to 9 months at the Court because of the additional steps the Court takes to constitute the tutorship council and define the tutor's powers.

Why this matters for protecting your loved one

Tutorship is more than paperwork. The Court is being asked to set legal limits on an adult's autonomy. A careful psychosocial assessment makes the difference between a tutorship that protects what the person needs protected, and one that strips more autonomy than necessary. My role is to describe the person accurately and humanely, so the Court has what it needs to make the right call.

If you have a notary engaged, or are about to engage one, the next step is a free 15-minute consultation. We confirm fit, walk through the timeline, and you decide whether to proceed.

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Common questions

A few of the questions families ask before booking. See all FAQs

What is tutorship to a person of full age in Quebec?

Tutorship to a person of full age is a legal regime instituted by the Superior Court of Quebec when an adult has lost the capacity to care for themselves or manage their property, and no mandate of protection was signed beforehand. The Court appoints a tutor to make decisions on the person's behalf, with limits the Court defines based on the person's remaining capacity.

When is tutorship the right path instead of homologating a mandate of protection?

Tutorship is used when no mandate of protection was signed before the person lost capacity. Homologation is used when a mandate exists. If a mandate exists but the named mandatary cannot or will not act, the family may still need to petition for tutorship instead. A notary or lawyer confirms which path applies to your situation.

What changed about tutorship in 2022?

Bill 18, in force since November 1, 2022, reformed Quebec's protective regimes. Curatelle and conseil au majeur were abolished. Tutorship is now the only judicial protective regime for adults, and the Court tailors the tutor's powers to the person's remaining abilities. The 2022 reform also introduced the lighter assistance measure for adults with reduced but not lost capacity.

How long does the tutorship process take?

From the first consultation to a delivered psychosocial report, expect 3 to 5 weeks for uncomplicated files. The notary or lawyer then files the petition. Court delays vary, but tutorship petitions typically run 4 to 9 months from filing because the Court convenes a tutorship council and may require additional steps.

What does a tutorship cost?

Tutorship files involve more legal and procedural work than mandate homologations because the Court has to define the tutor's powers from scratch and constitute a tutorship council. Fees for the psychosocial assessment depend on the complexity of the file. The free 15-minute consultation is the fastest way to get a specific quote.

Related reading

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Book a free 15-minute consultation to discuss your tutorship file. No obligation.

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