GUIDE FOR THE TUTOR AND THE TUTORSHIP COUNCIL FOR A PERSON OF FULL AGE TOOLS AND FORMS TOOLS AND FORMS

Transcription

1 GUIDE FOR THE TUTOR AND THE TUTORSHIP COUNCIL FOR A PERSON OF FULL AGE TOOLS AND FORMS TOOLS AND FORMS

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3 TOOLS AND FORMS TOOLS 1. Glossary 2. Quick Reference (go over with private representation officer during first phone call) 3. Guide for Curators and Tutors Who Wish to Make an Inventory by Private Writing 4. Inventory Checklist 5. Financial Tracking (Excel file available on the Curateur public s website) 6. Guide for Curators and Tutors Who Must Provide an Annual Administration Report 7. Annual Report Checklist 8. Agenda (sample) 9. Minutes of Annual Meeting of the Tutorship Council (sample) 10. Guide to Completing the Overview of Protective Supervision FORMS 1. Inventory Made by Private Writing (attached form in envelope) 2. Application to a Financial Institution for a Hold Funds 3. Hold Funds Confirmation 4. Attestation to a Decision of the Tutorship Council Relative to the Security to be Provided by a Legal Representative 5. Overview of Protective Supervision 6. Tool to Assist Tutorship Councils in Consulting the Curateur public on Protective Supervision TOOLS AND FORMS

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5 GLOSSARY WORDS Ad hoc curator Ad hoc tutor Allowance Annual report Assets Civil rights Clerk Compensation Costs of tutorship or curatorship Curator to the property DEFINITIONS Curator appointed by the court on the recommendation of the tutorship council when a person of full age and his or her tutor have opposing interests in a legal matter, or when there is the appearance of a conflict of interest. The ad hoc curator is appointed to defend the interests of the person of full age with regard to a particular issue. His or her mandate is temporary. Once the issue has been settled, his or her role is terminated. Tutor appointed by the court on the recommendation of the tutorship council when a person of full age and his or her tutor are on opposing sides of a legal matter, or when there is the appearance of a conflict of interest. The ad hoc tutor is appointed to defend the interests of the person of full age with regard to a particular issue. His or her mandate is temporary. Once the issue has been settled, his or her role is terminated. Sum of money paid to cover a need. Document accounting for the administration of the property of a person of full age that is produced every year. It presents the protected person's property (assets), debts (liabilities), income, and expenses for the past year. All of the property owned by an individual, including money, real estate, vehicle, other possessions. Set of rights comprising, in particular, the right to respect for private and family life, respect of home and correspondence, right to one's image, right to freedom and security, freedom of movement, freedom of thought, conscience, and religion, right to free expression, assembly, and association, right to marry and start a family. Officer of the court who exercises certain administrative and legal functions in a court such as the Superior Court. Sum of money paid to remedy harm or an injury. Sums directly related to the administration of the property of a person of full age. This could include expenses related to the tutorship or curatorship function or to the preservation and protection of property. Curator who ensures the sound management of the patrimony of a person of full age and the protection of their assets. Generally, the same person is curator to the property and to the person.

6 WORDS Curator to the person Fees Forms of protective supervision Full administration of property In the capacity of Inventory Investments that are presumed sound Judicial district Liabilities Liquidator Meeting of relatives, persons connected by marriage or civil union and friends Motion or opinion on request Notarial DEFINITIONS Curator whose specific role is to ensure the welfare of a person of full age and the exercise of their civil rights. For example, he or she ensures their rights are respected and gives consent to proposed medical treatments. Generally, the same person is curator to the property and to the person. Sums that a professional bills for his or her services. Legal mechanisms established to protect individuals who have become vulnerable as a result of their incapacitated condition. They are designed to ensure the protection of these individuals, administration of their property, and generally enable them to exercise their rights. Powers that enable curators to exercise the same rights and powers over the property they are managing as they would with their own property, as long as they are acting in the interest and for the sole benefit of the person under their protection. Investments must be presumed sound, however. Phrase that follows an individual s name to indicate that they are not personally concerned, but rather are carrying out a particular role. List of an individual's property and debts. Investments listed in the Civil Code of Québec are deemed prudent. Tutors and curators are obligated to make investments presumed sound using the patrimony of the person of full age. Geographic division of Québec that has a courthouse that is responsible for the management of legal proceedings. Total amount of the debts an individual owes. Individual charged with settling a succession up to the distribution of assets to the heirs. In the past, the term for this was testamentary executor. Meeting of the immediate family, in-laws (brother-in-law, sister-in-law), and friends who are consulted about the composition of the tutorship council. Official application to the court made according to an established procedure. Document prepared and recorded by a notary.

7 WORDS Patrimony Persons connected by marriage or civil union Person of full age, of age Private writing Public Curator Renouncing a succession Security Simple administration of property Tutorship council Tutor to the person Tutor to the property DEFINITIONS The entire amount of a person's assets and obligations. It is considered as a whole, comprising both assets and liabilities. Family by marriage/civil union (brother-in-law, sister-in-law). Person aged 18 or older. Document that is not notarial. An inventory made by private writing must be done in the presence of two witnesses. Individual appointed by the Québec government who, with his or her team, protects the rights and property of incapacitated individuals who are isolated or whose family and friends are unable to care for them. The Public Curator supports and oversees tutors, curators, and tutorship council members. He or she also has the power to investigate, either on his or her own initiative, or on request. Refusing to be someone's heir by means of a notarial act or judicial declaration. Guarantee furnished by the tutor or curator to protect the assets of the person of full age. This means that the person of full age's patrimony will be protected or compensated for if their tutor or curator appropriates or mismanages the property. Powers that give tutors the right to perform certain acts, while others, depending on the situation or the amount involved, must be authorized by the tutorship council or the court. Group that is usually composed of three individuals who are chosen from the family and friends attending the meeting of relatives, persons connected by marriage or civil union and friends to assist the tutor or curator and oversee his or her administration. This council has a secretary, who may or may not also be a council member. Tutor whose specific role is to ensure the welfare of a person of full age and the exercise of the person's civil rights. For example, he or she ensures their rights are respected and gives consent to proposed medical treatments. Generally, the same person is tutor to the property and to the person. Tutor who ensures the sound management of the patrimony of a person of full age and the protection of their assets. Generally, the same person is tutor to the property and to the person.

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9 Curateur public file number: Quick Reference 1. Start date of tutorship or curatorship 2. Deadlines Deadline for producing the inventory (within two months of the institution of protective supervision) Deadline for furnishing security (deadline determined by the tutorship council) Deadline for producing annual report (within three months of the anniversary date of protective supervision) Deadline for completing reassessment (tutorship: every three years; curatorship: every five years) Deadline for producing final administration report (within 30 days of receiving notification to produce the final report) 3. Contact information Private Representation Officer Secretary of the tutorship council Notary or lawyer Accountant Social worker Attending physician Nurse, educator, other practitioner Contact person at the residence of the person under your protection 4. Other information

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11 Guide for the use of curators and tutors who want to provide an inventory as a private writing You must fill out this form in the presence of two witnesses, who will sign it after it has been completed. If you administer the assets of several people, you must fill out one form for each of them. Please return one of the duly completed forms in the enclosed envelope and keep the other for your records. You must send the third copy to the tutorship council. The law requires that you make an inventory of the assets of the person you represent within two months of taking office as curator or tutor. Identification Enter in this section: the last name, first name, date of birth and address of the represented person; your last name, first name, address and telephone number; the last name, first name, address and telephone number of each of the two witnesses; the date on which you prepare the inventory. Assets Point 1 : Cash Enter the cash belonging to the patrimony that is in the possession of the legal representative or the represented person, as well as any cheques that have not yet been cashed or deposited. Point 2 : Bank accounts Enter the number and balance of any bank accounts (savings accounts and current accounts). Point 3 : Certificates of deposit Enter the number and the value of the certificates of deposit (term deposits) held by the represented person. Point 4 : Accounts receivable Enter any amounts lent based on an oral agreement or against a note signed by the represented person. Also enter the name and address of anyone owing money to the represented person. Point 5 : Bonds Enter the name of any bonds owned by the represented person, their number, their maturity date and their value. Point 6 : Stocks and mutual funds Enter the name of the shares owned by the represented person, the number of each of them, and if possible, their value at the time they were purchased. You must also enter in this section the units owned in mutual funds, if any. Point 7 : Mortgage receivable Not to be confused with a mortgage payable (box 17). Enter the amounts lent on behalf of the represented person against a secured asset, most often a house. You must provide as much information as possible on a mortgage, because it often involves substantial amounts of money. Point 8 : Buildings and property Describe the buildings owned by the represented person. Specify if the value you enter is the current market value or municipal assessment. You must also include any undeveloped land in this section. Point 9 : Prepaid funeral arrangements Enter the value of any prepaid funeral arrangements made on behalf of the represented person, if any. Page 1.

12 Point 10 : Motor vehicles Enter the value of motor vehicles owned by the represented person; you must indicate the make and year of cars and trucks. Point 11 : Life insurance Enter information on life insurance owned by the represented person and its cash value, if any. Point 12 : Furniture an personal effects Describe any personal effects of the represented person that are worth more than $100. Furniture, jewelry, art, fur coat and expensive sports equipment fall into this category. If you think that some objects are very valuable, you can have them appraised by an expert. These amounts must be included in the annual report as long as the represented person owns the items. Point 13 : Other assets Describe any other assets that you were unable to fit in point 12. Total assets Add up the total of the assets entered in points 1 to 13 inclusively. Liabilities Point 14 : Bank loans Enter any balance outstanding on a personal loan contracted with a financial institution by or for the represented person. You must also enter the amount of the line of credit already used. Point 15 : Accounts payable Enter all invoices due for more than 30 days. Point 16 : Note payable Enter the balance outstanding on sums borrowed and guaranteed by a note by or on behalf of the represented person. Point 17 : Mortgage payable Enter the balance of the mortgage to be repaid, if any, in case the represented person owns mortgaged buildings or property. Point 18 : Other loans Enter any other debt that the represented person may still have to reimburse. Point 19 : Other liabilities Enter any other liability that may be part of the patrimony of the represented person. Total liabilities Add up the total of the value of all liabilities entered in points 14 to 19 inclusively. If you have other documents (endorsement of a loan from someone else, legal proceedings under way, etc.) that may later affect the patrimony of the represented person, list them after the total of liabilities. Declaration by the tutor or curator This section lets you describe assets in poor condition owned by the represented person, list sums the person owes you or you owe them and state your willingness to correct the inventory if you ever learn of other assets that do not appear on the list you have just made. Signature You must sign the form yourself, then have it signed by the two witnesses and enter the date. Page 2.

13 All supporting documents have been included. Inventory Checklist Bank statements including investments (assets) Statements - loans Statements credit cards and line of credit Income check stubs or annual summary List all the property owned by the person under your protection. Contact details of the institutions where the protected person has bank accounts or deposit certificates. List assets worth $100 or more. List all the debts of the person under your protection. Bank loans line of credit Mortgage payable Accounts payable (telephone, Hydro-Québec, etc.) Other loans The amounts entered are accurate. The amounts are entered under the proper headings. The totals are correct. The Declaration of the Tutor/Curator has been completed. The form has been signed and dated. The person under your protection has received a copy of the inventory (recommended, but not compulsory). The secretary of the tutorship council has received the original copy of the inventory.

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15 FINANCIAL TRACKING You will find a financial tracking template (Excel) in the electronique version of the guide at ANNUAL FINANCIAL TRACKING BOX INCOME AMOUNT 100 Bank interest earned 101 Interest earned on bonds 102 Dividend payments 103 Interest on loans 104 Rental earnings 105 Benefits of social assistance & support (income security) 106 Québec Pension Plan (RRQ) 107 Old age security pension (including guaranteed income supplement) 108 CSST benefits and compensation 109 SAAQ benefits and compensation 110 Other benefits 111 Income tax refunds and tax credits (GST, QST) 112 Other income 120 TOTAL INCOME BOX EXPENSES AMOUNT 200 Bank and investment charges 201 Tutor/curator costs 202 Court authorized remuneration of tutor/curator 203 Professional fees 205 Insurance premiums, excluding property insurance 206 Property expenses (taxes, insurance) 207 Interest on mortgage or other loans 208 Rent payments 209 Housing and subsistence charges 210 Heating, electricity, cable, telephone 211 Taxes 212 Medical costs 213 Personal expenses of represented person 215 Other expenses 220 TOTAL EXPENSES

16 MONTHLY FINANCIAL TRACKING INCOME Bank interest Interest on bonds Dividends Interest on loans Other interest income Rental income Income or social solidarity assistance Québec pension plan Old Age Pension CSST benefits or compensation SAAQ benefits or compensation Income tax refunds and other credits (GST, QST) Orphan's pension Other pension benefits Other income SUB-TOTAL AMOUNT EXPENSES Housing Rent payment Housing and subsistance cost Heating Electricity Cable Telephone SUB-TOTAL Property belonging to person of full age Municipal tax Insurance Renovation, maintenance costs Mortgage payable Condo fees Other SUB-TOTAL Professional fees Lawyer - Notary Accountant Other SUB-TOTAL Tutor/curator costs Tutor/curator costs Court authorized remuneration of tutor/curator SUB-TOTAL AMOUNT Vehicle of person of full age Vehicle payment Insurance Registration and driver's licence Gas Maintenance and repairs Other SUB-TOTAL Medical costs Dentist Optometrist Eyeglasses - Prosthetics Other SUB-TOTAL Loan repayments Personal Student Credit card Other SUB-TOTAL Other expenses Bank and investment charges Personal expenses of protected person Insurance premiums, excluding property insurance Tax Other SUB-TOTAL TOTAL INCOME TOTAL EXPENSES DIFFERENCE

17 Guide for curators and tutors required to submit an annual administration report This form serves as the annual administration report. It must be duly completed by the curator or tutor and submitted to the Curateur public as well as to the tutorship council. This annual report refers to the property administered by the curator or tutor, as appropriate, on behalf of the represented person. If you administer the property of several people, Print three copies of the completed form (pages 1, 2 and 3). Return the first set to the Curateur public. The second one must be sent to the tutorship council. Keep the third one for your files. The Curateur public grants an administrative delay of about three months for the production of the annual report. You are required to keep all invoices, receipts and cheque stubs related to the administration of the property of the person you represent. These documents will help you account for your administration to the person or their heirs when you cease to exercise this responsibility and will be available for consultation to those concerned. The annual reports must be examined by the Curateur public, who may make a more detailed audit and ask for supporting documents. PAGE 1 PERIOD You are required to complete a report of your administration every year. Enter the date of the start and end of the period of administration for which you are producing a report. 1) IDENTITY OF LEGAL REPRESENTATIVE Your name and address must appear on the label at the top of the page. If your current address does not correspond to that shown on the label, enter corrections in the space "Your new address, if applicable". Remember to check the box indicating whether you are a tutor to a minor or tutor or curator to a person of full age and indicate your relationship to the person you represent. 2) IDENTITY OF REPRESENTED MINOR OR PERSON OF FULL AGE Address of the represented person If the address of the person you represent is the same as your own, check the box "Same as above" and do not fill in the space "At that address since". If the address of the person you represent differs from yours, enter it in the appropriate space. 3) ASSETS All amounts entered in this section must be as of the end of the period. Ligne 1 : Cash Enter any cash in your possession at the end of the period. Do not include money in a bank account. Ligne 2 : Bank accounts: name and address of institution Enter the name and address of the financial institution and all account numbers for the current year. Indicate the balance in each account at the end of the period. Ligne 6 : Deposit certificates: name and address of institution Enter the name and address of the financial institution as well as the certificates numbers for the current year. Indicate the nominal value of each certificate as of the end of the period. Include certificates of deposit in an RRSP or RRIF, if any. Ligne 12 : Accounts receivable (notes and loans): name and address of debtor Enter all amounts receivable by the curator or tutor at the end of the period, as well as the name and address of the debtor. Not to be confused with an account payable (box 42). Ligne 15 : Bonds Enter details of bonds owned by the person you represent in the Securities Schedule, and enter the total of their purchase price (line 320) on line 15. Include bonds held in an RRSP or RRIF, if any. In this space, enter the last name, first name, date of birth and marital status of the represented person.

18 Ligne 16 : Stocks and mutual funds Enter details about shares and mutual funds owned by the person you represent in the Security Schedule, and enter the total of their purchase price (line 360) in line 16. Include stocks and mutual funds held in an RRSP or RRIF, if any. Ligne 17 : Mortgages payable: name and address of debtor If the amounts were loaned from the assets of the person you represent and if the borrower has pledged property as security (in the form of a mortgage loan), enter the name and address of the borrower and the amount remaining to be repaid in line 17. Not to be confused with a mortgage payable (box 46). Ligne 20 : Buildings and land: address If buildings or land were purchased more than a year ago, enter the value you attributed to this property in the inventory. You are required to record buildings or land purchased during the current year at the purchase price. Enter the address of each building or piece of land. Ligne 22 : Funeral prearrangement contract Enter the total cost of a funeral prearrangement contract signed by or on behalf of the person you represent. Ligne 23 : Vehicles (car, ATV, motor home, boat, etc.) Enter the value of vehicles owned by the person you represent. If they were purchased over a year ago, enter the value that you have attributed to them in the inventory. You are required to enter the purchase price as the value of vehicles purchased during the past year. Ligne 24 : Life insurance (surrender value) Enter the surrender value of a life insurance policy for the person your represent, if any. Also enter the name of the insurance company and the policy number. Ligne 25 : Furniture and personal effects Enter the total value of all furniture and personal effects belonging to the person you represent. Ligne 26 : Others Enter any other property not included above. Provide a brief and specific description of each item, indicating the value established at the opening of the curatorship or tutorship. Any property acquired at a later date must be evaluated at its purchase price. If necessary, list items on a separate sheet of paper. Ligne 30 : Total of assets Enter the total of the amounts entered on lines 1 to 26. PAGE 2 4) LIABILITIES All amounts entered in this section must be as of the end of the period. Ligne 40 : Bank loans: name and address of lender Enter the name and address of the lending institution as well as the amount remaining to pay of funds borrowed by or on behalf of the person you represent. Ligne 42 : Accounts payable: name and address of creditor Enter the amount of the accounts (electricity or telephone, for example) payable for more than 30 days as of the date of the annual report. Add the name and address of the companies that sent the bills. Ligne 44 : Notes payable and other loans: name and address of creditor If amounts were borrowed from an individual (with or without guarantee) by or on behalf of the person you represent, enter the amount remaining to repay as well as the name and address of the creditor. Ligne 46 : Mortgages payable: name and address of creditor If the person you represent has a mortgage on a house, enter the principal still to be paid and the name and address of the lending institution. Ligne 49 : Other liabilities (specify) List all amounts payable not reported above. If necessary, provide the list on a separate sheet of paper. Ligne 55 : Total of liabilities Enter the total of all amounts show on lines 40 to 50. 5) INCOME All amounts entered in this section should match income received during the annual reporting period.

19 Ligne 100 : Bank interest Enter any interest received on money in a bank or certificates of deposit during the period. Ligne 101 : Interest on bonds Enter the amount shown on line 330 of the Securities Schedule. Ligne 102 : Dividends Enter the amount shown on line 370 of the Securities Schedule. Ligne 103 : Interest on loans If funds belonging to the person you represent were lent with interest, enter the amount of interest paid by the borrower during the period. Ligne 104 : Rental income Enter rental income received during the period on behalf of the person you represent as owner of revenue-generating buildings or land. Ligne 105 : Benefits of social assistance & support (income security) Enter any social assistance benefits received during the period. Ligne 106 : Québec Pension Plan (RRQ) Enter any amount received from the Québec Pension Plan during the period. Ligne 107 : Old age security pension (including guaranteed income supplement) Enter any old age pension received during the period, including the guaranteed income supplement. Ligne 108 : Benefits and indemnities from the CSST Enter any benefits and indemnities received from the Commission de la santé et de la sécurité du travail during the period. Ligne 109 : Benefits and indemnities from the SAAQ Enter any benefits and indemnities received from the Société de l assurance automobile du Québec during the period. Ligne 110 : Other annuities (name of payer) Enter any other benefits or pensions received by the person you represent during the period. Ligne 111 : Income tax refunds and other credits (GST and QST) Enter any refunds (income tax, GST and QST) that the person you represent received during the period. Ligne 112 : Other income (specify) Specify any other income received and not included above. If necessary, provide the list on a separate sheet of paper. Ligne 120 : Total income Enter the total of the amounts listed on lines 100 to ) EXPENSES All amounts entered in this section must correspond to expenses paid during the period. Ligne 200 : Bank charges and investment expenses Enter all bank charges and other investment expenses (broker s fees, rental of a safety deposit box, interest paid on bond purchases, etc.). Ligne 201 : Tutor s or curator s expenses Enter any expenses you paid from the assets of the person you represent that you can show resulted from the fact that you are the person s legal representative. Not to be confused with remuneration (box 202). Ligne 202 : Tutor s or curator s remuneration authorized by court Enter the remuneration granted to you by judgment of the court to perform your duties as legal representative. Ligne 203 : Professional fees Enter the legal and accounting fees and other expenses of a professional nature incurred for the benefit of the represented person, with the exception of medical fees. Ligne 204 : Curateur public supervision fees Enter the amount of the supervision fees paid to the Curateur public from the assets of the represented person. Ligne 205 : Insurance premiums (except for immovables) Enter the amounts paid during the period to pay premiums if the person you represent holds insurance policies, except policies for real estate.

20 Ligne 206 : Immovable expenses (taxes, insurance, etc.) Enter costs related to the buildings owned by the person you present (taxes, insurance premiums, maintenance, repairs, etc.). Ligne 207 : Interest on mortgages or other loans Enter the portion of the mortgage payments that constitutes interest. Ligne 208 : Rent paid Enter the amount of rent paid on behalf of the person you represent. Minors are not required to pay rent to their parents. SIGNATURE OF ANNUAL REPORT Three copies of the annual report are provided: the first is for the Curateur public, the second for the tutorship council and the third for your files. Each copy of the report must be signed by the curator or tutor to the person as well as the curator or tutor to the property. Where a person is represented by more than one legal representative, each copy of the report must be signed by all representatives. Ligne 209 : Accommodation and boarding expenses Enter accommodation and boarding expenses paid for the person you represent if the person lives in an establishment in the health and social services network, in a private nursing home or foster home. Ligne 210 : Heating, electricity, cable, phone Enter costs related to these services. Ligne 211 : Income tax Enter the amount paid to the Revenue Québec and the Canadian Customs and Revenue Agency, if any, when the tax returns were prepared for the person you represent. Ligne 212 : Medical expenses (specify) Enter the medical expenses for the person you represent that are not covered by the Régie de l assurance-maladie. Ligne 213 : Personal expenses of represented person Enter expenses for clothing, hairdressing, outings leisure activities, etc. These expenses apply primarily to a represented person of full age. Ligne 215 : Other expenses (specify) Enter all expenses incurred for the needs of the curatorship or the tutorship. Indicate the category of the expenses and the amount of each in lines If necessary, provide the list on a separate sheet of paper. Enter the minor s exceptional expenditures. If you are a legal tutor, attach the Exceptional Use of the Patrimony of a Minor form. Ligne 220 : Total expenses Enter the total of the amounts shown in lines 200 to 217. Ensure that the totals of each section balance correctly.

21 All supporting documents have been included. Bank statements including investments (assets) Statements - loans Statements credit cards and line of credit Income check stubs or annual summary Expenses invoices (included) Proof of renewal of security Annual Report Checklist List all the property owned by the person under your protection. Contact details of the institutions where the protected person has bank accounts or deposit certificates. List all the debts of the person under your protection. Bank loans (including line of credit) Mortgage payable Income and expenses are presented on an annual basis and entered in the proper boxes of the annual report form. If the tutor's or curator's remuneration is entered in box 202, it has been authorized by the court. The amounts entered are accurate. The amounts are entered under the proper headings. The totals are correct. All three copies have been signed and dated. The person under your protection has received a copy of the annual report (if the situation permits). The secretary of the tutorship council has received the annual report. The minutes of the meetings have been sent to the Curateur public with the annual report (recommended, not obligatory).

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23 AGENDA Annual Meeting of Tutorship Council Date Time Location Means used to meet (face to face, conference call) X Tick off names of individuals in attendance. Name of tutor or curator Name of 2nd tutor/curator (if applicable) Name of the represented person Name of the secretary of the tutorship council Name of the 1st member of the tutorship council Name of the 2nd member of the tutorship council Name of the 3rd member of the tutorship council Agenda Responsibility 1. Greetings Secretary of the tutorship council 2. Adoption of the agenda All participants 3. Report on the protected person s welfare and actions taken during the past year 4. Report on administration of the protected person s finances and discussion of annual report All participants All participants 5. Planning for the coming year All participants 6. Confirmation of security All participants 7. Other business All participants

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25 Curateur public file number: MINUTES OF THE ANNUAL MEETING OF THE TUTORSHIP COUNCIL Held on (enter date) At (enter location) X Tick off names of individuals in attendance. Name of tutor or curator Name of 2nd tutor/curator (if applicable) Name of the represented person Name of the secretary of the tutorship council Name of the 1st member of the tutorship council Name of the 2nd member of the tutorship council Name of the 3rd member of the tutorship council How did the meeting take place? (For example: face to face, conference call)

26 Agenda Information / Conclusions / Decisions Follow-up Responsibility Dates 1. Greetings 2. Adoption of the agenda 3. Report on the protected person's welfare 4. Report on financial management and discussion of annual report 5. Planning for the coming year 6. Confirmation of security 7. Other business Held on (enter date) 2

27 Guide to Completing the Overview of Protective Supervision The Overview of Protective Supervision is a tool that is useful for reviewing the steps you have taken over the past year to ensure the welfare of the person under your protection. It is also an excellent way to update the tutorship council. The overview contains five sections: 1. Material needs and daily needs 2. Living environment 3. Health needs 4. Social needs 5. Upholding and exercising rights, and respecting the autonomy of the protected person In each section, you can write about these different areas of concern. Feel free to use additional sheets of paper if you need to provide more detailed explanations. Attach them to the overview form and submit everything to the tutorship council. Section 1 : Material needs and daily needs Ask yourself if the daily needs of the person under your protection are being met in a satisfactory manner, and in a way that respects their integrity, dignity, and security. Pay particular attention to his or her material needs (clothing, furniture, technical aids, etc.). Try to find out whether the person is eating properly and getting adequate personal care (hygiene, clothing). Check that they have enough money to cover their personal expenses. Verify that the person has access to a means of transport that enables them to easily get around and carry out their daily activities. Write your comments in the column marked "Your Observations". In the "Actions Taken or To Be Taken" column, write down what steps you took in the past year to change the situation if some of the person s needs were not being met and what you intend to do in this respect. For more information about ways to ensure the welfare of the protected person, see part 2.2 of section C on how to protect someone under tutorship/curatorship, on page 5. Section 2 : Living environment Write what you have done to ensure that the living environment of the person under your protection is safe and meets their different needs. For example, perhaps some furniture items need to be replaced with others that are more adapted to the person s physical condition; or their home needs to be laid out differently so that they can continue living there. If the person is living in a care facility, you can speak regularly with staff, the person s nurse, or other practitioner to confirm that this environment is still meeting the person s needs. Also, indicate in the column entitled "Your Observations" if the person under your protection has expressed any wishes concerning their living environment (adaptations, home help, new furniture, moving, etc.). You are not obligated to house the protected person yourself, but it s important that their residence corresponds to their needs and wishes, and, of course, financial means. If their living environment is not satisfactory, note down the changes that might be made under "Actions Taken or To Be Taken". For instance, you can contact the healthcare network with a view to their eventual move into an environment that is better adapted to their condition, or apply to the CLSC for home support services. You yourself are not responsible for providing services to the person under your protection, but you must ensure that they receive them, for instance, by asking someone close to the person to make certain purchases for them, asking the CLSC to intervene when necessary, or, if necessary, hiring a legal advisor.

28 Section 3 : Health needs Here, you can write about health care services received by the person under your protection (medical appointments, administration of drugs, home support services, etc.). You can also note information in the "Your Observations" column, for instance, whether the person has access to a family doctor. We also suggest that you indicate whether the person is capable of consenting to care or if you had to make a medical decision in their name. For more information about consent to care, see part 3 of section C on how to protect someone under tutorship/curatorship, on page 11. If the person under your protection requires more care than they are currently receiving, write the steps you have taken to obtain them in the "Actions taken or to be taken" column. Section 4 : Social needs In the "Your Observations" column write what the protected person does to socialize and participate in activities that match their interests and needs. Record any opportunities that the person may have to maintain, in accordance with their capacities, healthy interpersonal relations and be socially active in order to avoid isolation. Section 5 : Upholding and exercising rights, and respecting the autonomy of the protected person The last section is where you report on how the person under your protection is using and developing their capacities. You can report about whether they have exercised the rights they are still entitled to exercise. For example, they can still vote in federal elections and consent to proposed treatments if they understand the consequences of the treatment. You can also describe how you enable them to participate in the decisions concerning their protection, when this is possible, and how you have taken their values into account before making a decision on their behalf. For more information about the use and development of the protected person s capacities, see part 4 of section C on how to protect someone under tutorship/ curatorship, on page 15. Last, in this section, you can note whether you have hired a legal advisor (notary or lawyer) to defend the rights of the person under your protection. In the "Actions Taken or To Be Taken" column you can add information about what you plan to do to facilitate the protected person s participation in community, educational, work, or recreational activities. It may be that the person does not wish, or is unable to take part in such activities. You don t have to make the person do these things, simply provide them with a chance to do so, to the extent they are capable and want to do it.

29 APPLICATION TO A FINANCIAL INSTITUTION FOR A HOLD FUNDS Identification of financial institution Name of financial institution: Address: Telephone no.: Postal code: Identification of represented person First and last names: Curatorship Curateur public file no.: Tutorship Legal representative's request To guarantee the fulfillment of my obligations as curator for, I, the undersigned,, (first and last names of represented person) first and last names of legal representative request that the above-mentioned financial institution not dispose of the investments that I am administering for the abovementioned individual, the details of which are as follows: Nature of security No. of security Value of security Rate Maturity date tutor The hold funds should apply to the capital only the capital and interest. The hold funds will remain effective regardless of the investment's maturity date. The written authorization of the tutorship council is required to put an end to this agreement, in whole or in part, unless prior authorization is obtained: from the minor who has come of age or the represented person who has obtained a judgment of the court terminating his or her incapacity (notice of release of protective supervision); OR from the succession of the minor or the incapacitated person of full age, if applicable. If applicable, investments that have reached their maturity date will be replaced with securities of similar quality; however, the above-mentioned institution makes no representation or warranty regarding the capital in the account, the value of which may fluctuate due to movement in market prices. Signature of legal representative Date c.c. Curateur public du Québec

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31 Important: This document should be copied on the letterhead of the financial institution holding the investments. Non-compliant confirmations will be returned to you. (date: month, day, year) Hold Funds Confirmation Secretary of the tutorship council Subject: (Curatorship) (Tutorship) of (first and last names of represented person) Curateur public file no.: Following the request made to us by (first and last names of legal representative), in the capacity of (curator) (tutor) to (first and last names of represented person), we hereby inform you that the following investment(s), belonging to this individual and administered by the legal representative, are the subject of a hold funds, as security to guarantee the performance of his or her obligations as legal representative of the above-mentioned person for the duration of protective supervision: Nature of security No. of security Value of security Rate Maturity date Note that the hold funds applies to the (capital only) (capital and interest). The hold funds will remain effective regardless of the investment's maturity date. The written authorization of the tutorship council is required to put an end to this agreement, in whole or in part, unless prior authorization is obtained: from the minor who has come of age or the represented person who has obtained a judgment of the court terminating his or her incapacity (notice of release of protective supervision); or from the succession of the minor or the incapacitated person of full age, if applicable. If applicable, investments that have reached their maturity date will be replaced with securities of similar quality; however, the above-mentioned institution makes no representation or warranty regarding the capital in the account, the value of which may fluctuate due to movement in market prices. Signature of the director of the financial institution c.c.: Legal representative Curateur public du Québec

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33 Attestation to a Decision of the Tutorship Council Relative to the Security to be Provided by a Legal Representative Identification of the legal representative First and last names: Identification of the represented person First and last names: Curateur public file no.: Decision of the tutorship council I, the undersigned, (declarant's first and last name), in the capacity of a tutorship council composed of one person, or as secretary of the tutorship council of the person identified above, hereby represent and certify that the decision made by said tutorship council on, 20, regarding the security that must be furnished by the above-mentioned legal representative to guarantee the execution of his or her obligations in this capacity, namely: A mortgage guarantee in the interest of the minor or the incapacitated person of full age in respect of a building located at (street number, street, city, province, postal code) up to the amount of $, accompanied by an attestation by the acting notary to the effect that the legal representative holds a good and valid title to this building, certifying the rank of the mortgage and the fact that, given the building's standardized assessment and other charges affecting it, the legal representative's obligations are truly guaranteed up to the amount stipulated above. A contract of surety under the terms of which a financial institution or recognized insurance company undertakes jointly and severally to the represented person (mentioned above) or his or her heir to guarantee, up to the amount of $, the payment of the capital, interest, and costs of the final judgment issued against the abovementioned legal representative for defaulting on the diligent and complete execution of his or her legal obligations in such capacity. A hold funds under the terms of which a bank or other recognized financial institution formally undertakes in writing to not dispose of the investments it holds in the name of the legal representative in the capacity of the above-mentioned represented person. This hold funds will apply to investments representing a total capital of $, of which the institution may not divest itself unless it obtains express written authorization to do so: - from the minor who has come of age or the represented person who has obtained a formal declaration of the termination of his or her incapacity or - from the succession of the minor or the incapacitated person of full age, if applicable, or - from the tutorship council, who, without delay, will notify the Curateur public. "Building" Exemption, identify the building or buildings (street number, street, city, province and postal code): Share owned by the represented person % 2 Share owned by the represented person % 3 Share owned by the represented person % In the event of the sale of one of these buildings, the tutor or curator must increase the security accordingly and notify the Curateur public du Québec. Page 1.

34 Other types of security, specify: In accordance with the tutorship council's decision, the legal representative must furnish the above-mentioned security by the day of, 20, and, without delay, send a copy to the tutorship council and the Curateur public du Québec. Signature of declarant Date c.c.: Tutorship council Curateur public du Québec Page 2.

35 Information for the Tutorship Council The security is a guarantee furnished by the legal representative (tutor or curator) to ensure that the represented person's patrimony is protected or compensated for in the event of improper administration. The security is determined by the tutorship council by a majority decision of its members. The value of the property mentioned in article 242 below refers to all of the property of the represented person (investments, immoveable property, furniture, vehicles, etc.). Keep in mind that the purpose of this security is not only to protect the patrimony of the represented person, but also the legal representative, with regard to his or her administration, and the members of the tutorship council, with regard to their personal responsibility to oversee the tutorship or curatorship. The Curator public, or any other interested person, may, under certain circumstances, apply for a review of the tutorship council's decision. Provisions of the Civil Code of Québec Concerning the Security Art The tutor is bound, if the value of the property to be administered exceeds $25,000, to take out liability insurance or furnish other security to guarantee the performance of his obligations. The kind and object of the security and the time granted to furnish it are determined by the tutorship council. The tutorship is liable for the costs of the security. Art The tutor shall without delay furnish proof of the security to the tutorship council and to the Public Curator. The tutor shall maintain the security or another of sufficient value for the duration of his office and furnish proof of it every year. Art A legal person exercising tutorship to property is exempt from furnishing security. Art Where it is advisable to release the security, the tutorship council or the minor, once he attains full age, may do so and, at the cost of the tutorship, apply for cancellation of the registration, if any. Notice of the cancellation is given to the Public Curator. (IMPORTANT: Pursuant to article 266 of the Civil Code of Québec, the rules pertaining to tutorship to minors apply, adapted as required, to tutorship and curatorship to persons of full age.) Art The rules pertaining to tutorship to minors apply, adapted as required, to tutorship and curatorship to persons of full age. Thus, the spouse and descendants in the first degree of the person of full age shall be called to the meeting of relatives, persons connected by marriage or a civil union and friends along with the persons to be called to it pursuant to article 226. Page 3.

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37 OVERVIEW OF PROTECTIVE SUPERVISION During the time you are protecting the incapacitated person you will determine their different needs and ensure that action is taken to meet them. Although you will not provide the required services yourself, you are responsible for ensuring that he or she receives them. At times it may be difficult to monitor the situation. You may find the chart below useful in determining the different needs of the person under your protection and keeping track of the steps you have taken. It is an excellent way to inform the tutorship council on how you are fulfilling this important task. We suggest that you complete this overview and give it to the tutorship council at the same time as your annual report, and discuss its contents together. You don t have to send it to the Curateur public. Material needs and daily needs (e.g., clothes, food, furniture, technical aids, etc.) Your Observations Actions Taken or To Be Taken Living environment (e.g., Is it safe? Does it meet the person s needs? Is a move being considered?) Your Observations Actions Taken or To Be Taken Health needs (e.g., care, drugs, consent to care) Your Observations Actions Taken or To Be Taken

38 Social needs (e.g., recreational activities, relationships with others, reception of personal correspondence, access to the telephone, etc.) Your Observations Actions Taken or To Be Taken Respect and exercising of rights, and respect of the autonomy of the protected person (e.g., consultation or information about decisions, renewal of the person s health insurance card, signature of a lease in their name) Your Observations Actions Taken or To Be Taken Do you have any other information to share about the protection of the person?

39 TOOL TO ASSIST TUTORSHIP COUNCILS IN CONSULTING THE CURATEUR PUBLIC ON PROTECTIVE SUPERVISION The tutorship council is responsible for overseeing the activities of the tutor or curator. In addition to ensuring that the tutor or curator is soundly managing the property of the person under their protection, you must ensure that they respect the person s rights, arrange for the person s needs to be met, promote the maintenance and development of the protected person s capacities, and consult and inform the person about decisions they make on his or her behalf. For assistance with this task, don t hesitate to refer to the guide that comes with this tool or speak with a practitioner from the health and social services network (e.g., a social worker), legal advisor, the users committee of the care facility in which the person lives, or an advocacy group. If the situation that concerns you is not resolved despite your efforts to find a solution, you can count on the Curateur public for support and assistance. Curateur public staff will work with you to ensure that the tutor or curator properly fulfills his or her role and obligations. The tutorship council can contact the Curateur public at any time to discuss situations or issues of concern, and, if necessary, determine what steps to take. Instructions: Answer the questions below if, as the tutorship council, you have concerns regarding the protection of the person, their welfare, or the respect of their rights. When you have finished, send it to the Curateur public. 1. In the Overview of Protective Supervision given to you by the tutor or curator, what are the elements that concern you?

40 2. What interventions have you made or do you intend to make with the tutor or curator to clarify these concerns? 3. Do you have any other comments concerning the protection of the person? SIGNATURE OF TUTORSHIP COUNCIL MEMBERS: Date:

41 NOTES

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44 November 2013