Seniors experiencing a loss of autonomy
Replacing a tutor
Once the court has named a tutor, it is their responsibility to take care of the incapacitated person. However, in some situations, it may be necessary for the tutorship council, the Curateur public (public curator) or any other interested person to take steps to have the tutor replaced.
Situations in which the tutor must be replaced
The tutor must be replaced when they fail to perform their duties properly.
It might be, for example, that the tutor:
- is mistreating the incapacitated person or exploiting them financially,
- can no longer perform their duties (for example, the tutor has become incapacitated).
Requesting a change of tutor
If the tutorship council observes that the tutor is failing to carry out their duties properly, or can no longer do so, the council must apply to the court to request a change of tutor.
Any interested person can also report such a situation to the Public curator. The latter may then apply to the court to have the tutor replaced.
An error has occured. Please try again later.
Was the content helpful?
ANG - L’information présente sur cette page ne constitue pas un avis ou un conseil juridique. Nous vous indiquons ce que dit la loi au Québec de manière générale. Pour obtenir un avis ou un conseil juridique concernant votre situation personnelle, consultez un professionnel du droit.