Understanding the Affidavit for Court Appointment in Québec

Understanding the Affidavit of the Proposed Tutor or Temporary Representative in Québec

If you are seeking to be appointed by the court as a tutor or temporary representative for an incapable person or minor in Québec, you are required to submit an official affidavit. This legal document, governed by Article 404.1 of the Code of Civil Procedure, serves to affirm your suitability and legal standing to act in this capacity. This article will guide you through the purpose, conditions, and steps involved in completing this affidavit.

Purpose and Legal Context of the Affidavit

The affidavit is a mandatory declaration that forms part of the court's evaluation process when appointing a tutor or temporary representative. Its primary purpose is to verify that the applicant has no disqualifying civil judgments or bankruptcy declarations that could impede their appointment. The court uses this information to ensure the person appointed is suitable and does not pose a risk to the person or property they are to represent.

Who Must Complete This Affidavit?

Any individual wishing to be appointed as:

• Temporary representative for an incapable adult or minor, or
• Full-time tutor for an incapable adult or minor,

must complete and file this affidavit with the court record. The form must be filled out accurately and truthfully, as it is sworn under oath.

Key Conditions and Disqualifications

Civil Judgments

The affidavit requires you to declare whether any civil judgments have been rendered against you. These judgments may include orders related to unpaid debts, removal from a tutorship or mandate, declarations of unworthiness, or injunctions. If judgments exist, you must list each with details such as the date, court record number, and subject.

Bankruptcy Declarations

You must also state whether you have ever declared bankruptcy. If applicable, provide the date of bankruptcy, whether you were discharged, and the discharge date. Declaring bankruptcy can impact your eligibility to act as a tutor or representative.

Step-by-Step Procedure for Filling Out the Form

1. Download the form: Access the official fillable PDF form from the Québec Ministry of Justice website.
2. Complete personal details: Enter your full name, domicile address, municipality, province, postal code, and other relevant identification details.
3. Specify the appointment: Indicate whether you seek to be a temporary representative or tutor, and specify the person’s name and court record number, if known.
4. Declare civil judgments: Check the appropriate box indicating whether judgments have been rendered against you. If yes, list each judgment with all required details.
5. Declare bankruptcy status: State whether you have declared bankruptcy, and if so, provide the relevant dates.
6. Sign and swear the affidavit: Sign the form in front of a qualified official authorized to administer oaths, such as a court clerk, lawyer, notary, or commissioner for oaths.

Important Legal and Procedural Notes

• Swearing the affidavit: The declaration must be made under oath, ensuring the truthfulness of all statements.
• Authorized officials: Only certain officials, including court clerks, lawyers, notaries, and commissioners for oaths, are authorized to administer the oath.
• Filing and retention: After signing, submit the completed affidavit to the court and keep a copy for your personal records.
• Digital forms: The form is available in a fillable PDF format, which can be completed electronically and printed for signing.

Post-Submission Considerations

Once filed, the court reviews your affidavit alongside other documents in the appointment process. The information provided helps determine your eligibility and suitability to act as a tutor or temporary representative. If any discrepancies or disqualifying judgments are identified, the court may request additional information or deny the appointment.

In summary, completing this affidavit accurately and truthfully is a crucial step in the legal process of being appointed as a tutor or temporary representative in Québec. Ensuring all information is current and correct will facilitate a smoother court review and help uphold the best interests of the person in need of representation.