Volume 3 – Number
Numéro 1 – February
Janvier 2016
2016
Le Lien
Newsletter
Le
bulletin destiné
for tutors
auxoftuteurs
minor children
d’un enfant
andmineur
members
et of
aux membres
tutorship
councils
du conseil de tutelle
Le Curateur public
du Québec
À la rencontre de la personne
What does being a tutor in
Québec involve?
Currently in Québec, there are just over 4,000 legal tutors and dative
tutors responsible for managing the assets of a child. But who exactly
are you, how are you coping with your responsibilities as tutor, and what
do you think about our services? We decided to consult you in order
to get to know you better and to better meet your needs. Here are the
highlights of our survey. (in French only)
Portrait of the Québec tutor
What is the typical portrait of a tutor responsible for managing a child's
assets? According to the survey, the typical tutor is a 47-year-old
mother of a 13-year-old child who has been a tutor for five years. As for
the children, there are an equal number of boys and girls under
tutorship.
What does being a tutor in
Québec involve? p. 1
Providing for the basic needs
of a child under tutorship p. 4
Preparing to submit the final
report p. 5
Your child has rights, too! p. 7
Daugther or son
72%
Relationship
between child
and tutor
Sister or brother
1%
Niece or nephew
3%
Granddaugther or grandson
15%
Other 1%
Friend’s child
1%
No answer
2%
Child from youth centre
5%
Le Lien, for useful
information on
protecting the assets
of a minor
A simple task that nevertheless comes with obligations
85% of tutors say
they are satisfied with
the services received
from the Curateur
public.
In general, the vast majority of tutors find it easy to manage the child's assets. Moreover,
approximately eight in ten tutors perform these management tasks themselves, and produce
the annual report alone or with help, and find the process easy and straightforward. Close
to half of all tutors seek help voluntarily to complete their tasks. Three-quarters of tutors
confirm that their tutorship council is interested in what they are doing, and sixty percent
say that the council helps them with difficult decisions. The median value of assets under
management is estimated at $52,000, meaning that half of tutors manage a patrimony of
less than this amount and the other half greater than this amount.
Children's involvement depends on their age
In general, more than half of tutors agree on the need to involve the children in discussions
about the management of their assets. Two-thirds of tutors say they feel comfortable talking
to the children about their patrimony, and just over half think it is essential to inform the
children starting at age 14 of the size of their patrimony and to involve them in decisions
about their assets. However, the younger the child, the less receptive the tutors are to
involving them in decisions.
Age 12 and under
Support available
The tutorship council
and the private
representation officer
at the Curateur public
can advise you and
help you to perform
your duties as tutor.
p. 2
In general, 85% of tutors say they are satisfied with the services received from the
Curateur public. However, in some cases, problems can arise that make management
more complex. To help tutors find missing information or to advise them on any other type
of situation, the Curateur public assigns a private representation officer to each tutorship
file. The tutors appreciate the support, with more than nine out of ten feeling reassured by
the fact they can contact a private representation officer who is familiar with their situation.
Over the years, 47% of tutors have contacted their private representation officer. Of the
latter, more than three-quarters say they are satisfied with the services received from their
private representation officer and that they were able to get answers or set up a meeting
quickly, and that the staff was competent and provided clear information.
Our reactions to your comments
Eight out of ten tutors feel it is normal to have to submit a management report
each year, but close to two-thirds wonder whether this is necessary when all
of the child's assets are deposited in an account with a hold funds.
Conscious of this fact, the Curateur public now offers certain tutors the option of being
exempted from producing the annual report if they deposit the child's entire patrimony
into the Security Investment with Épargne Placement Québec (EPQ). For this type of
hold funds, an agreement was concluded between EPQ and the Curateur public to
ensure that the administration complies with the rules governing the protection of the
child's patrimony. Legal tutors who would like to subscribe to the Security Investment
can contact their private representation officer to determine whether this product is
right for their situation.
Six out of ten tutors would like to have more say over the use of the child's
patrimony.
The Curateur public
sincerely thanks
all tutors who
participated in this
survey.
It is important to remember that the purpose of the tutorship is to protect the child's
assets so that he/she can benefit from them upon turning 18. As the tutor, you are not
allowed to spend this money as it belongs to the child. In certain exceptional situations
only, you may use the money to pay for the child's expenses. Since each case is
different, it is recommended you consult the tutorship council and contact your private
representation officer for help in making the best decision.
Methodology: Survey conducted using a questionnaire mailed in four batches from June to
November 2013 to 837 tutors of minors. The response rate was 26% (220 questionnaires filled
out) with a margin of error of 6.4%, 19 times out of 20.
p. 3
Providing for the basic needs of a
child under tutorship
If you are the child's dative tutor and, as
such, not his/her parent, you do not have
to cover these expenses, which are the
responsibility of the child's parents.
CAMILLE AT SCHOOL
Camille's father died in an accident last summer. He had a good
job and paid over three-quarters of the family's expenses. Camille's
mother has an unstable job and doesn't earn much. She cannot
continue to pay for the piano lessons that Camille started three years
ago or the private school where she enrolled in grade 8. Camille does
well in school but her father's death has really affected her. She would
like to stay at her current school where she has a lot of friends.
Camille's mother and the tutorship council recently met to talk about
what might be best for Camille. Camille has a good support system,
and her family recognizes that her father wanted her to get a good
education. The council is also aware that Camille needs the help and
support of her friends in working through her grief. It therefore
authorized Camille's mother to use part of Camille's patrimony to pay
the tuition fees at her current school until she finishes high school.
However, Camille will have to stop taking piano lessons for now—a trade
off that will leave her with enough money to pay for her schooling.
Camille's mother is relieved. The discussion went well and she knows
she can rely on the support of the council members when it comes
time to make other important decisions.
The obligation of
support includes all
expenses related
to providing for the
child's needs.
The patrimony is
comprised of the
child's assets (e.g.,
buildings, material
possessions,
income,
investments) and
liabilities (e.g.,
loans, debts,
expenses).
p. 4
Regardless of age, to grow up healthy a
child needs love and affection, support
and guidance, and the assurance that he/
she can rely on loved ones to provide
everything he/she needs to thrive physically
and emotionally. Among other things, these
include food and the basic healthcare needed
for him/her to grow, safe housing, and
school supplies and recreational activities
to ensure his/her social development. But
all these things cost money, and the fees
associated with these necessities are called
the obligation of support. The obligation of
support is the responsibility of the child's
parent, who must cover all related expenses.
If you are the child's legal tutor as well as
his/her parent, you cannot use the money
from your child's patrimony to pay for these
expenses. As a parent, until your child turns
18 or is emancipated, you must pay for
these expenses from your personal income,
i.e., your salary or any other personal
income.
What if the parent can't pay?
In some cases, the parent may not be
able to pay for certain major expenses
because of a lack of income. What happens
then? Exceptionally, the tutor could consider
paying for these essential expenses from
the child's patrimony. However, this must
be authorized by the tutorship council, which
is tasked with making sure the patrimony is
used wisely.
Before using the child's patrimony, the
tutor must first discuss the situation with
the tutorship council and document his/
her request, for example, by filling out the
Exceptional Use of the Patrimony of a Minor
form. The joint decision by the tutor and the
council must be taken in the minor's best
interest. The tutor will have to explain the
expense, justify its necessity, and prove
that his/her personal income (or, in the
case of a dative tutor, the parent's income)
is insufficient to pay for the expense. The
council will determine whether the expense
meets an essential need for the child and
whether it is beneficial, will question the
amount requested, and will examine the
possibility of covering the expense with
funds other than from the child's patrimony.
Based on this assessment, if the tutor's
request appears to be the best option, the
council may authorize him/her to use the
child's patrimony. If the expense is incurred
for a child age 14 or over, the latter must
confirm that he/she was informed of the
council's decision. At the end of the year,
the tutor will have to attach the Exceptional
Use of the Patrimony of a Minor form to the
annual report and file the invoices related to
this exceptional expense.
What if the child no longer has
parents?
The situation is different when both the child's
parents have died. Since there is no longer
a parent responsible for the obligation of
support, the dative tutor can use the money
available in the child's patrimony to provide
for his/her needs. However, he/she still has
to keep the tutorship council informed in
order to properly fulfil his/her role of looking
after the child's best interests and making
sure the patrimony is used wisely.
Certain benefits can be used
Following the death of one or both of the
child's parents, he/she may be eligible for
benefits, some of which can be used to pay
for the child's needs. In the case of a monthly
death benefit paid by a public organization,
such as the Commission des normes, de
l'équité de la santé et de la sécurité du
travail, the money received each month can
be used to pay for the child's needs. Death
benefits for minors from the Société de
l’assurance automobile du Québec can also
be used, although there are rules governing
their progressive use. The lump sum benefit
amount must be allocated according to the
number of years remaining until the child
turns 18 in order to determine how much
can be used each year.
No other benefit paid to the child can be
used to pay the expenses related to the
obligation of support. They must be added
to the child's patrimony and kept until he/
she turns 18.
Taking care of a child and paying for the
necessities of life is a big responsibility.
Making sure the child is cared for and
receives the basic necessities essential to
his/her development will enable him/her to
grow and thrive to the age of majority.
Planning tips
To avoid being
caught off guard, it is
recommended that the
tutor and the tutorship
council jointly plan
for the child's needs
each year. The annual
meeting is often the
best time to review the
administration of the
tutorship and plan for
the child's needs in the
coming year.
Preparing to submit the final report
Carole and Jacques consider their
niece, Virginie, to be a daughter,
especially since Carole has acted as
Virginie's dative tutor since the death
of her parents. In just a few short
months, their "big girl" will reach the
age of majority, when she will be able
to decide for herself how she wants to
use her assets. What does her tutor,
the tutorship council, and the Curateur
public need to do to make sure the final
report is prepared properly for the past
18 years of Virginie's life?
The culmination of sound
administrative practices
When a child turns 18, his/her tutor has
30 days to submit a final report to him/
her, as well as to the secretary of the
tutorship council and the Curateur public.
For example, Virginie's birthday is on April
8, meaning that Carole must submit her final
report by May 8. However, the groundwork
for this step—the culmination of the
tutorship and one that relies on documents
used throughout the administration—is laid
well in advance. The final report is also proof
that two important principles were upheld by
the tutor: protecting minor's patrimony and
acting in his/her best interest.
In Virginie's case, she received compensation
from the Société d’assurance automobile du
Québec (SAAQ) after her parents were killed
in a car accident. Her parents also left her
an insurance policy and a rental property.
When the tutorship was first opened, Carole
formed a tutorship council, took inventory
of Virginie's property, opened a trust
account for the rent cheques from Virginie's
building, and invested the money from the
insurance policy and the SAAQ in "presumed
sound" investments. Since the value of the
patrimony exceeded $25,000, the tutorship
council, comprised of the deceased parents'
family members, decided that the security
used to protect Virginie's assets would take
the form of a hold funds.
As a responsible tutor, Carole regularly
checked on income and expenses, and
filed all important documents, for example,
Virginie's investment statements. Since her
niece's financial situation was far from
straightforward, Carole hired an accountant
every year to produce an annual report
of Virginie's assets, such as her rental
property, debts (liabilities, in this case,
the mortgage on the building), income
(investments and rents) and expenses
(e.g., extracurricular activities, orthodontic
treatments, etc.). The annual reports and
p. 5
"In the capacity of":
A legal expression
meaning that a person
is designated in a
legal document to act
and make decisions
for and on behalf of
another person. As
such, an account in the
capacity of someone
(trust account) is an
account opened by a
person acting as legal
representative for
another person.
Source : Éducaloi
copies of relevant documents (invoices,
cheque stubs, receipts, etc.) were submitted
to the secretary of the tutorship council and
to the Curateur public, and to Virginie once
she turned 14. These documents were
examined by both the tutorship council and
the Curateur public to ensure that Carole
was managing Virginie's affairs responsibly.
Note that the Curateur public asks for
supporting documents only for the first
annual report and as needed thereafter. As
such, Carole was not required to submit any
documents to Virginie other than the annual
report. The accountant's fees were paid
for from Virginie's assets. Carole also had
the option of preparing the annual reports
herself using the financial tracking tool
available on the Curateur public website to
track her niece's income and expenses.
For its part, the Curateur public was standing
by to assist Carole in her role. In fact,
she contacted her private representation
officer a few times with questions that the
Curateur public's website or the Guide for
the dative tutor and the tutorship council
for a minor were unable to answer. The
tutorship council also supported Carole
and ensured that she was managing the
child's assets responsibly. For example,
after noticing a specific an invoice during
the first year of the tutorship, the council
asked Carole whether the annual expense
related to a language course in Ontario
was really necessary. After discussing the
matter, the tutorship council agreed with
Carole that the expense was justified for the
good of Virginie's education, and that any
other similar expenses would be discussed
in advance.
Ready for the big day
Shortly before Virginie turns 18, she will
receive a letter from the Curateur public
advising her that her tutor will produce a
final report and of the amount of her assets
and liabilities as they appear in the most
recent annual report. The Curateur public
will also send Carole a letter reminding
her of her obligations as tutor, with a true
copy sent to the secretary of the tutorship
council.
To facilitate the reporting process, the
Curateur public has two forms available:
List of assets and liabilities at the end of
management, which indicates the value
of the represented person's assets at the
time he/she reaches majority age, and
Final report, which must be signed, among
others, by the young adult to indicate that
he/she read the report and approves of the
administration by his/her tutor.
To draft her report, Carole will rely on
various documents, including the inventory
of Virginie's assets at the time of her
Emancipation, death, replacement, or incapacity?
The administration of the tutorship normally comes to an end when the child turns
18, although it may happen sooner in some cases. As such, the report may not be
submitted to the child who has reached the age of majority. This is the case when:
» the child is legally emancipated at age 16 or over and gets married or by decision
of the court. He/she then has the power to manage his/her own assets, and the
tutor must give him/her the final report;
» the minor dies before reaching the age of majority. The report will then be submitted
to his/her heirs;
» the tutor must be replaced because he/she can no longer fulfil his/her role due to
an illness or incompetency. The report will then be submitted to the newly appointed
tutor;
» the minor is declared incapacitated upon turning 18. If necessary, the tutorship to
the property of the minor is then followed by the opening of protective supervision
for the person of full age, and the final report will be submitted to the newly
appointed legal representative.
p. 6
parents' death and the annual reports.
Supporting documents (bank statements,
invoices, receipts, etc.) kept since the
beginning of the tutorship will also be very
useful. All of these documents will have to
be turned over to Virginie.
Carole's main responsibility is to show
that Virginie's patrimony was soundly
administered and that all expenses were
incurred in Virginie's best interests. For
example, Virginie's building needed repairs
over the years in order to preserve its
value. These are legitimate expenses, as
detailed in the annual reports, whereas a
trip to Disney World by Virginie, Carole, and
Jacques would not have been considered
acceptable.
Once the reports are filled out and signed,
Carole will give the original to Virginie, and a
copy each to the secretary of the tutorship
council and the Curateur public. And, of
course, the rental property and investments
will be transferred to her name. All Carole
and her husband will have left to do is plan
an amazing birthday party for their "big
girl," now a young woman fully capable of
managing her own assets.
In case of a problem
The tutorship council is responsible for ensuring that the documents submitted
with the report are accurate and complete. The council can ask the tutor to make
corrections at any time. If the council decides that the final report is incomplete or
inaccurate, it can ask the tutor to make the necessary corrections.
In case of a disagreement, the council can contact the person responsible for the
minor's file at the Curateur public to inform him/her of the situation and to inquire
about the next steps.
It is important to know that when the administration of the tutorship ends, the
Curateur public's oversight role also comes to an end. Once the tutorship ends, if
the young adult feels that he/she has been wronged at any point, it is up to him/
her to take the necessary steps.
When the child turns 14,
the tutor is obliged to
give him/her a copy of
the annual report each
year. Also starting at
14, the child has the
right to be informed of
and consulted about the
management of his/her
patrimony.
Your child has rights, too!
"I have rights, you know!" This statement,
often heard from teenagers, is mostly true.
But, rest assured, there are distinctions
to be made. Since children don't
become independent adults overnight, by
understanding a child's rights at different
ages, you will be better positioned to
support him/her, respect his/her ability
to make decisions for him/herself, and
involve him/her in the management of the
patrimony when the time comes.
A learning curve
A child is generally considered to have
developed the ability to reason by around
age 7. However, according to the law,
he/she does not become a legal adult
until the age of 18. Before this age,
he/she generally needs to be advised
and represented by his/her parents or
dative tutor in performing certain acts,
for example, signing an important
contract.
p. 7
Even though he/she is still a child, your ward is gradually
becoming more independent. However, he/she is not alone
on the journey to independence, supported by the tutor, the
members of the tutorship council, or the Curateur public, as
applicable. Important milestones on this journey occur at the
ages of 14 and 16, when the child can do certain things without
asking for authorization.
Rights related to the patrimony
this point to start taking an interest in the administration of
his/her assets. The Curateur public sends him/her a birthday
card, care of the tutor, informing him/her of the existence of
the patrimony and the tutor's obligation to give him/her a copy
of the annual report. Also at age 14, the child can contact the
private representation officer at the Curateur public directly,
and the tutor must inform and consult him/her on decisions
related to the management of his/her assets.
Starting at age 14, the child acquires certain rights related
to the patrimony as he/she is considered mature enough at
The child's rights vary depending on age
Depending on his/her age, the child has the right to:
Under age 14
From age
14 to 16
From age
16 to 18
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Work with a parent's permission
Spend his/her salary on small personal purchases (food, clothing)
Give and accept small donations and gifts
Bequeath assets of minimal value in a will
Sign a lease (the owner may ask for a security)
Open a bank account
Obtain a student loan
Hire an attorney to represent him/her
Work without a parent's permission
Consult a doctor alone and consent to recommended treatments
Start or join a non-profit organization
Perform activities related to his/her job, a sport, or an art form (rent an office space, purchase specialized
material, etc.)
Be informed and consulted about the management of his/her patrimony
Receive a copy of the annual report from his/her tutor
Contact the private representation officer at the Curateur public
Get his/her driver's license
Join a union without being represented by the tutor
Designate a beneficiary on a life insurance policy
File for bankruptcy with the court's authorization, if this is in his/her best interest
Leave school (however, he/she must complete the school year during which he/she turns 16)
Become emancipated from the tutor with the tutorship council's authorization
Get married with the consent of the parent or dative tutor, and thus become fully emancipated
Get divorced with the court's authorization
Le Lien
To subscribe by email or to download the PDF version of the newsletter:
www.curateur.gouv.qc.ca/lelien_english
Writers: Anne-Marie Blain, Jacinthe Deslauriers
and Nathalie Gilbert
Contributors: Sophie Breton, Carole Chamy,
Camille Crevier, Marc-André Deschênes
and Me Pierre Desrochers
Editor-in-chief: Anne-Marie Blain
Editor: Josée Saindon
Graphic layout: Claudine Fyfe
Newsletter Le Lien
Curateur public du Québec
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Montréal (Québec) H3B 4W9
Tel: 514 873-4074
Toll free : 1 800 363-9020
Website : www.curateur.gouv.qc.ca
E-mail: lelien@curateur.gouv.qc.ca
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