CCQ-1991 - Civil Code of Québec

Section 2173 Disposition versions

2022-11-01

2173. If the director general of the health and social services establishment which provides care or services to the mandator becomes aware that the mandator has again become capable, he shall attest to such capacity in a report filed in the office of the court. The report includes the medical and psychosocial assessments.

The mandator or the mandatary may also request medical and psychosocial assessments to assess the capacity of the mandator. If the assessors conclude that the mandator has again become capable, they shall send a copy of their assessment reports to the mandator and the mandatary and file a copy in the office of the court.

The clerk informs the mandatary, the mandator and the persons qualified to intervene in an application for the institution of tutorship to a person of full age that the report has been filed. If no objection is made within 30 days after the date of the notice, the court is presumed to have found that the mandator has again become capable, and the clerk shall, without delay, transmit a notice of cessation of the effects of the mandate to the mandator, the mandatary and the Public Curator.

1991, c. 64, a. 2173; I.N. 2014-05-01; 2020, c. 11, s. 87.

2014-05-01

2173. If the director general of the health and social services establishment which provides care or services to the mandator becomes aware that the mandator has again become capable, he shall attest to such capacity in a report filed in the office of the court. The report includes the medical and psychosocial assessment.

The clerk informs the mandatary, the mandator and the persons qualified to intervene in an application for the institution of protective supervision that the report has been filed. If no objection is made within 30 days, the court is presumed to have found that the mandator has again become capable, and the clerk shall, without delay, transmit a notice of cessation of the effects of the mandate to the mandator, the mandatary and the Public Curator.

1991, c. 64, a. 2173; I.N. 2014-05-01.

1994-01-01

2173. If the director general of the health and social services establishment which provides care or services to the mandator ascertains that the mandator has again become capable, he shall attest to such capacity in a report filed in the office of the court. Such a report includes the medical and psychosocial assessment.

The clerk informs the mandatary, the mandator and the persons qualified to intervene in an application for the institution of protective supervision that the report has been filed. If no objection is made within 30 days, the court is presumed to have found that the mandator has again become capable, and the clerk shall, without delay, transmit a notice of cessation of the effects of the mandate to the mandator, the mandatary and the Public Curator.

1991, c. 64, a. 2173.