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:
- Curatelle and conseil au majeur were abolished. Tutorship is now the only judicial protective regime for adults.
- The Court individualizes the tutor's powers based on what the person can and cannot do. This protects autonomy and avoids stripping more rights than necessary.
- A new lighter option was introduced: the assistance measure, for adults who have some difficulty but have not lost capacity entirely. It does not go through the Court.
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:
- An adult with Alzheimer's, dementia, severe mental illness, traumatic brain injury, stroke, or a developmental disability is no longer able to manage their finances, health decisions, or daily affairs.
- No mandate of protection was signed in advance.
- A bank, CHSLD, hospital, or notary has asked the family for proof of legal authority to act on the person's behalf, and there is none in place.
- The family or close friends are willing to take on the tutor role and the corresponding responsibilities.
The documents the Court requires
To institute tutorship, the notary or lawyer files a petition supported by:
- A medical evaluation, completed by a physician, confirming the person has lost capacity.
- 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.
- 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:
- Free 15-minute consultation. I confirm tutorship is the right path, that you have a notary engaged, and answer any questions about the process.
- Intake paperwork. Consent forms and a family questionnaire, completed before work begins.
- Family meeting (typically virtual). We gather background, medical history, the timeline of decline, the family's intentions, and the proposed tutorship council.
- 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.
- 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.