Whether it is about a procedure before a notary or by application to the court, the main steps to be undertaken are essentially the same.
At first, it is necessary to get the birth certificate of the person concerned and then, to make sure that he signed no protection mandate in case of incapacity by making a search in the registers of wills and protection mandates of the Chambre des notaires du Québec and the Barreau du Québec.
It is necessary to obtain a medical assessment and a psychosocial assessment which establish the incapacity of the person concerned as well as its severity level. The medical assessment is made by a physician and the psychosocial assessment by a social worker or a psychologist.
It is necessary also to proceed to an interrogation of the person concerned to verify his incapacity and to give him the possibility of expressing himself. The interrogation is made by the notary if it is about a procedure before a notary, otherwise by the court clerk if it is about a procedure by application to the court.
It is moreover necessary to proceed to the holding of a meeting of parents, persons connected by marriage or a civil union and friends to appoint, as the case may be, a tutor, a curator or an adviser, and also to constitute a tutorship council. The meeting is held at the office of the notary or at the court depending on whether it is about a procedure before a notary or by application to the court.
Finally, it is necessary to obtain the judgment which pronounces the institution of protective supervision and establishes the type of protection required by the degree of incapacity. If it is about a procedure before a notary, the judgment is obtained after the notary has filed in court a report which we call the minutes of operations and conclusions.
In every case, the file must be submitted to the Superior Court of the judicial district where the person concerned has his place of residence.
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