C-81 - Public Curator Act

Section 34 Disposition versions

2022-11-01

34. Where the rules of administration of the property of others provide that the person represented shall or may give his consent to an act, obtain advice or be consulted, the person having parental authority or the spouse or, where both persons fail or are unable to act, a close relative or any person showing a special interest in the person represented shall act on his behalf. However, where such a person fails or is unable to act, the authorization of the court is required to alienate property whose value exceeds $40,000 by onerous title or to charge property with a hypothec exceeding that value.

In addition to the grounds set out in article 1305 of the Civil Code, authorization to alienate property by onerous title or to charge property with a hypothec may also be given where the act is necessary to ensure the education and maintenance of the person represented or to preserve the value of his patrimony. Such authorization may also be given where that is the wish of the person of full age and there is no risk that the person of full age will suffer serious injury as a result.

The Public Curator may apply to the court for a review of the decision made by the person authorized to decide on behalf of the minor or the person of full age under tutorship within 10 days from the day on which the Public Curator is notified of the decision.

1989, c. 54, s. 34; 1992, c. 57, s. 558; 2020, c. 11, s. 145.

1994-01-01

34. Where the rules of administration of the property of others provide that the person represented shall or may give his consent to an act, obtain advice or be consulted, the person having parental authority or the spouse or, where both persons fail or are unable to act, a close relative or any person showing a special interest in the person represented shall act on his behalf. In any other case, the authorization of the court shall be required.

The Public Curator may apply to the court for a review of the decision made by the person authorized to decide on behalf of the minor or the person of full age under tutorship or curatorship within 10 days from the day on which the Public Curator is notified of the decision.

1989, c. 54, s. 34; 1992, c. 57, s. 558.

1990-04-15

34. Where the rules of administration of the property of others provide that the person represented shall or may give his consent to an act, obtain advice or be consulted, the subrogate-tutor or the subrogate-curator, as the case may be, shall act on behalf of the minor or the person of full age under tutorship or curatorship represented by the Public Curator; otherwise, the person having parental authority or the spouse or, where both persons fail or are unable to act, a close relative or any person showing a special interest in the person represented shall act on his behalf. In any other case, the authorization of the court shall be required.

The Public Curator may apply to the court for a review of the decision made by the person authorized to decide on behalf of the minor or the person of full age under tutorship or curatorship within ten days from the day on which the Public Curator is notified of the decision.

1989, c. 54, s. 34.