Tutorship in Québec: the tutor's role, steps and obligations

When an adult can no longer take care of themselves or manage their property, a protective measure may be needed. Tutorship to an adult is one of them. This page explains it simply and links to the official sources.

The context: incapacity

Incapacity is a situation where a person can no longer make certain decisions about themselves or their property. It is assessed by health and social services professionals; PASSARA does not assess it.

What is tutorship to an adult?

Tutorship to an adult is a protective measure opened by the court. A tutor is appointed to represent the person, take care of them or administer their property, as the judgment provides. It is adapted to the person's situation.

The tutor's role and responsibilities

In general, the tutor acts in the person's interest, respects their wishes as much as possible and is accountable. A tutorship council and the Curateur public oversee the administration. The specific obligations are described on Québec.ca.

Official steps and resources

Tutorship is opened by the court and relies on medical and psychosocial assessments. A notary or lawyer can assist with the application but does not issue the judgment themselves. Québec.ca and the Curateur public provide information, tools and forms.

Tutorship or protection mandate?

A protection mandate is a document the person prepared themselves, while capable, to name who would look after them. It takes effect only after homologation by court judgment. Tutorship, by contrast, is opened by the court, especially when there is no mandate. For a one-off need, temporary representation may sometimes be enough. Only a professional can confirm the right measure.

What about tutorship of a minor?

Tutorship to the property of a minor is a different situation, for example when a child receives an inheritance. Québec.ca presents it separately.

Frequently asked questions

Who can apply for tutorship?

Québec.ca explains who can apply and how. A relative, the Curateur public or others may be involved depending on the situation.

Is tutorship needed if there is a protection mandate?

Often, the first step is to have the mandate homologated. A notary or lawyer can confirm the appropriate step.

Does the tutor have to report?

Yes, reporting obligations exist. Their details are on the official page on tutors' obligations.

Does PASSARA assess incapacity?

No. Assessment is done by health and social services professionals.

PASSARA guides to go further

Official sources

PASSARA helps you organize what comes next, one step at a time

Is your loved one no longer able to decide alone? PASSARA helps you identify the steps and prepare the documents, one step at a time.

See the incapacity path

The other PASSARA guides

Content last checked: October 12, 2026. Official information can change: always consult the official sources linked on this page.

PASSARA provides general information and does not replace the advice of a notary, lawyer, tax specialist or other qualified professional.

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