Le Curateur public

du Québec

À la rencontre de la personne

The Minor’s Gradual Acquisition of Autonomy p. 1

How Do I Sell Property or Borrow a Large Sum of Money ? p. 2

People are Here to Help You p. 3

The Tutorship Council: A Key Player p. 4

How Can I Subscribe to the Electronic Version of Le Lien ? p. 4

The Minor’s Gradual Acquisition of Autonomy

In Québec, children come of age at the age of 18. But, they do acquire several rights before reaching adulthood. Starting at the age of 14, minors can open a bank account, take out a student loan, and administer income they earn through employment or the practice of an art or sport. This is what is known as the gradual acquisition of autonomy.

The right to be informed and consulted

Being informed about the management of their patrimony is another right minors acquire over time. Parents or tutors must therefore tell the minor, when they turn 14, that they own property. They are also obliged to remit to the minor a copy of the administration report they submit every year to the tutorship council and the Curateur public, and make sure they understand its contents. To this end, we suggest that parents or tutors help the young person acquire a basic understanding of the report’s contents and make themselves available to answer the minor’s questions.

In addition, since young people of 14 or older are mature enough to become involved in the administration of their property, it is suggested that parents or tutors consult them about the management of their patrimony. For instance, a parent could ask their child’s opinion about an expense they wish to incur using the child’s funds. Keep in mind, however, that the minor’s opinion is just one of the factors that must be considered when deciding to draw on his or her patrimony.

Le Lien, for useful information on protecting the assets of a minor

Newsletter for tutors of minor children and members of tutorship councils

Volume 1 – Number 2 – December 2013

Le Lien

p. 2

Initiating minors to the management of their patrimony

So that the preservation of the minor’s property throughout the duration of tutorship will not have been in vain, we advise parents or tutors to prepare the gradually maturing young person to receive and manage his or her patrimony. There are several very useful resources in this respect, including the websites of the Autorité des marchés financiers (lautorite.qc.ca/en/youth-educfin.html and tesaffaires.com/index.php/en/), and the Financial Consumer Agency of Canada (fcac-acfc.gc.ca/eng/forconsumers/lifeevents/teachingchildren/pages/home-accueil.aspx).

Support obligation

This being said, it should be noted that a minor’s gradual acquisition of autonomy starting at the age of 14 does not relieve parents of their obligations to their child, even if he or she possesses a patrimony.

Under the Civil Code of Québec, parents are legally obliged to ensure the mental, physical, and material welfare of their children, including their education, by paying the associated costs out of their employment earnings or other income. This responsibility is known as the support obligation. This is not the case, however, for dative tutors who are appointed to replace the child’s parents. By complying with certain conditions, they may cover the needs of the child for whom they are responsible by drawing on the child’s patrimony.

For more information about the gradual acquisition of autonomy of a minor, see section A (p. 17-18) of the Guide for the Legal (or Dative) Tutor and the Tutorship Council for a Minor, or visit the Rights of the Minor section of our website: www.curateur.gouv.qc.ca/rights-minors. You can also contact the Curateur public staff person in charge of the child’s file.

Patrimony:The entire amount of a person’s assets and obligations. It is considered as a whole, comprising both assets and liabilities.

How Do I Sell Property or Borrow a Large Sum of Money? Benjamin inherited an income property that needs major renovations. His mother, Lillian, wants to take out a $15,000 loan to make building repairs and thereby preserve its value. How must she proceed to obtain this loan?

As the legal tutor, if you want to sell something that belongs to your child or take out a large loan in the minor’s name, you must first obtain the authorization of the tutorship council. If the value of the item or loan exceeds $25,000 you must obtain court authorization, and the court will ask the tutorship council for its opinion.

The tutorship council or the court will agree to the expenditure or loan only in cases where it is necessary for the minor’s education and maintenance, to pay the minor’s debts, or to maintain an item of the child’s property in good condition or preserve its value, as in the above example.

For more information about managing the patrimony, see section C of the Guide for Tutors on the Curateur public’s website.

p. 3

People are Here to Help You The Curateur public provides assistance to tutors of a minor child and members of tutorship councils. So, you won’t have to deal on your own with the different stages of the tutorship once it has been instituted.

The team that supports tutors and oversees their administration is composed of private representation officers and compliance officers. "We offer support and assistance so tutors can fulfill their role in administering the property of a minor child at what is often a difficult time in their lives," says Benoît Perreault, who heads the private representation team in Montréal.

What kind of help? "At the beginning, a Curateur public staff person makes the initial contact with the new tutor. Following this, in the three weeks following the institution of tutorship, a private representation officer calls the tutor to explain the Curateur public’s services and how he or she can help the tutor carry out the role they have just taken on, managing the property of a minor child. He or she informs the tutor of their new responsibilities and urges them to quickly set up a tutorship council," explains Mr. Perreault.

The representation officer also contacts the secretary of the tutorship council to discuss their duties and remind them that the council shares with the Curateur public the responsibility of ensuring the sound management of the child’s property.

Tutors and secretaries of the tutorship council receive an information kit in the mail, including a detailed guide and an inventory form to list the items comprising the minor’s property. This information is also available on the Curateur public’s website. "We encourage tutors and secretaries of tutorship councils to contact the private representation officer if they have any questions about practical matters, the guide, or for help completing the form," says Mr. Perreault.

"We support tutors and help them through the different stages of the tutorship,

always in close collaboration with the tutorship council: preparing the inventory, furnishing security, and preparing the annual administration report. This assistance is provided during the first year and throughout the tutorship."

Safeguarding the child’s interests

The role of the compliance officer is to check all the financial and administrative data produced by the tutor. On reception of the inventory he or she checks to see that all of the liabilities and assets have been entered.

According to Mr. Perreault, "sometimes tutors cannot furnish all the details when they are producing the inventory because, for instance, they may be waiting for an inheritance or insurance benefits to come through. In this case, they simply bring the situation to our attention.

The annual report will reveal whether the items that were outstanding when the inventory was drawn up have been regularized. We ask tutors to attach the relevant supporting documents so that our file conforms with the data in the inventory and the data from paying agencies such as the Société d’assurance automobile du Québec or a life insurance company."

"Once the file is complete and in compliance with the regulations, and if there are no changes, tutors just have to produce an administration report once every year until the child comes of age," concludes Mr. Perreault.

For more information on the tutorship to a minor, see section B of the Guide for Tutors on the Curateur public’s website.

SECTION B - STAGES IN THE DATIVE TUTORSHIP OF A MINOR’S PROPERTY7

The meeting of relatives, persons connected by marriage or civil union and

friends brings together the minor’s relatives and friends. It should be held in

the office of a notary or at the courthouse of the judicial district where the

minor resides.

1.3. Who makes up the tutorship council ?

The tutorship council is usually formed of three individuals chosen from the minor’s

family, from both the mother’s and father’s sides. A secretary is also appointed, and

this individual may or may not be a member of the council.

A tutor may not be a member of the

tutorship council.

During the meeting, those in attendance will choose the members of the tutorship

council. They also select a secretary, who may or may not be a member of the council,

and two alternates to replace any member who withdraws from the council. They also

determine the secretary’s remuneration, if applicable.

The time required to form a tutorship council varies from one region to another,

depending on the processing time of the local court where the application is made.

You can expect the judicial procedures to take from five to six months.

DATIVE TUTOR

Benoît Perreault, head of the private representation department at the Direction territoriale de Montréal.

Writers: Étienne Bouchard-Lamontagne and Aline Charest Coordination: Aline Charest Contributors to this issue: Gilles Brunet, Carole Chamy, Pierre Desrochers, Luc Laprise, François Loiselle and Mathieu Séguin Technical support: Claudine Fyfe and Ginette Matte Translation: Nicole KennedyLayout: Claudine FyfePrinting: LithoChic

is published by The Curateur public du Québec at least twice a year. You can download this newsletter at the Curateur’s website: www.curateur.gouv.qc.ca/lelien_english.

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Reproduction of these texts is permitted provided the source is acknowledged. Next issue: summer 2014

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The Tutorship Council: A Key Player Tutorship council : 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.

The tutorship council is a major resource that tutors can turn to for support to ensure the sound management of a minor’s patrimony. Its opinion is crucial because it is made up of close relatives or friends who know the minor well. Tutors are advised to talk things over with members of the tutorship council before going to the Curateur public.

Also, as part of its oversight role, the tutorship council can ask the tutor for explanations about their administration and consult their documents. It makes sure that the interests of the child guide all decisions concerning his or her patrimony.

The Curateur public performs an additional level of oversight of the tutorship of a minor’s property. The tutorship council holds the primary responsibility for seeing that the tutor is properly administering the child’s patrimony and, if necessary, requesting that corrective measures be taken. This is why tutors should begin the procedure for setting up the tutorship council promptly.

The interests of the child should always be at the forefront of the tutorship council’s concerns.

For more information, see section A (p. 10-11) of the Guide for Tutors on the Curateur public’s website.

How Can I Subscribe to the Electronic Version of Le Lien ?Sign up today to receive the electronic version of Le Lien! Just go to www.curateur.gouv.qc.ca/lelien_english and enter your e-mail address to receive this newsletter, which will be issued twice a year.

You can also consult past issues of Le Lien. It’s a simple and quick way to learn about different aspects of administering a minor’s property.

Questions or suggestions? Are there particular topics you would like us to address? Have an idea for a column or article? Write to us at: lelien@curateur.gouv.qc.ca.