Understanding the Tutorship Security Document in Quebec

Understanding the Official Form for Tutorship Security in Quebec

If you are involved in a tutorship case in Quebec, you may encounter the official document titled Attestation of a tutorship council decision regarding the security required from a tutor. This form, identified by the code DSQP – 2024-04, is a crucial legal document used to formalize the security obligations that a tutor must provide to protect the patrimony of the person under tutorship. Here, we will guide you through the purpose of this form, how to prepare it correctly, the submission process, and important follow-up steps.

Purpose of the Form

This form serves as an official attestation of a decision made by the tutorship council regarding the type and amount of security a tutor must provide. The security acts as a guarantee that the tutor will fulfill their obligations, safeguarding the assets of the represented person—whether a minor or an adult declared incapable. The security can take various forms, including a mortgage, a surety contract, or a holding of funds, depending on the circumstances and the council’s decision.

Preparing the Document

Gather Required Information

• Identification details: The full name of the represented person, the tutor, and the file number assigned by the Curateur public du Québec.
• Details of the tutorship council decision: Date of the decision and specifics about the security required.
• Property information: Address of the building involved, percentage held by the represented person, and any other securities or guarantees involved.

Complete the Form Accurately

Ensure all sections are filled out clearly:

• Specify the type of security—mortgage, surety contract, or holding of funds.
• Indicate the maximum amount guaranteed by each security.
• Attach supporting documents, such as a notarized property title or a guarantee agreement from a financial institution.

Modalities of Submission

The completed form must be submitted to the Curateur public du Québec within the stipulated deadline, which is typically no later than the date specified by the tutorship council decision. Submission can be made in person, by mail, or through the digital platform if available and accepted by the authority. Be sure to include all necessary supporting documents to avoid delays.

Follow-up and Processing

Once submitted, the Curateur public du Québec reviews the security documentation to ensure compliance with legal requirements and the tutorship council’s decision. If everything is in order, the tutor must provide proof of the security by the established deadline. The security must be maintained throughout the tutorship, and annual proof may be required to confirm its validity.

If the property or security details change—such as the sale of a building—the tutor must notify the Curateur public and increase the security accordingly. Failure to do so may result in legal consequences or the need for further court intervention.

Important Contacts and Additional Information

For questions regarding the completion or submission of this form, or to obtain assistance, contact the Curateur public du Québec directly. It is advisable to consult legal professionals or notaries for guidance on property-related securities or complex guarantees.

Remember, the security is a legal requirement when the property value exceeds $40,000, and it aims to protect the assets of the individual under tutorship, as well as to ensure the tutor’s accountability for managing those assets responsibly.

Filling out this form accurately and submitting it promptly is essential to comply with Quebec’s civil law provisions and to safeguard the interests of the represented person.