C-81, r. 1 - Regulation respecting the application of the Public Curator Act

Section 1.2 Disposition versions

2022-11-01

1.2. The psychosocial assessment report necessary for the institution of tutorship to a person of full age must contain

(1)  the identification of the person of full age, namely, the person’s name, commonly used name, if any, date of birth, gender, health insurance number, address, e-mail address, if any, telephone number, the name of each parent, the person’s legal status and, if applicable, the name of the Aboriginal community to which the person belongs, civil status and the name of the person’s spouse, if any;

(2)  the circumstances giving rise to the application for assessment, the applicant’s name and relationship to the person of full age;

(3)  the date of the examinations conducted by the assessor, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number, date of consultation and identification of the relevant documents consulted by the assessor and referred to in the assessor’s report;

(4)  a description of the living environment of the person of full age, the person’s needs and wishes and preferences with regard thereto;

(5)  where the person of full age has given a protection mandate, the information known in respect thereof, namely, its form, date, the identification of the notary, if any, the identification of the mandataries and replacement mandataries, the intention of the mandataries regarding the homologation of the mandate and the reasons for not homologating the mandate, where applicable;

(6)  if the protection mandate has been homologated, any known information establishing that it is incomplete or has not been faithfully carried out;

(7)  the identification of pending or future legal or administrative proceedings, if any, involving the person of full age and all information known in respect thereof;

(8)  the psychosocial situation of the person of full age in relation to the person’s incapacity and need for representation, namely, the aspect of the person’s psychosocial history pertaining to incapacity and need for representation, the composition and dynamics of the person’s family and social network, the social roles played by the person of full age, and a description of any abusive or exploitative situations that the person of full age is in or is suspected of being in;

(9)  the financial situation of the person of full age, namely, the composition of patrimony, if known, including principal sources of income, main recurring expenditures, assets and liabilities, the name of the administrator of the property and the relationship to the person of full age and the authority pursuant to which the administrator acts;

(10)  the assessment of the faculties of the person of full age as regards decision-making abilities, functional autonomy and ability to exercise civil rights including the right to choose the living environment and the people with whom the person associates, to enter into contracts to meet ordinary and usual needs, to administer the proceeds of work, to perform acts related to employment, craft or profession and to exercise the right to vote;

(11)  the names of the persons who wish to be designated as tutor and replacement tutor, as the case may be;

(12)  the names of the relatives, persons connected by marriage or a civil union, or friends of the person of full age who have been consulted and their respective opinions regarding the application for the institution of tutorship and the person proposed to act as a tutor or replacement tutor;

(13)  the opinion of the person of full age as regards faculties, the institution of a tutorship and the person proposed to act as a tutor or replacement tutor;

(14)  the identification of the persons to be called to a meeting of relatives, persons connected by marriage or a civil union, or friends, namely, each person’s name, relationship to the person of full age, address, e-mail address, if any, and telephone number;

(15)  the opinion of the assessor as regards the incapacity of the person of full age and need for representation, the nature of the tutorship, the terms and conditions thereof in light of faculties and as regards the persons wishing to be designated as a tutor or replacement tutor;

(16)  the identification of a relative to whom custody of the person of full age could be entrusted if the assessor recommends that the Public Curator should be designated as tutor;

(17)  the need to apply for provisional protective measures and the reasons for the application;

(18)  the time limit recommended for the psychosocial reassessment and the reasons in support thereof;

(19)  the identification of the special needs of the person of full age should it be necessary to interview the person;

(20)  the identification of the person responsible for the psychosocial follow-up of the person of full age, namely, the person’s name, profession, place of practice and telephone number; and

(21)  the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor. The report must also be accompanied by a copy of the birth certificate of the person of full age or, if none, a copy of other proof of identity.

O.C. 241-2022, s. 1.