Curatorship differs from guardianship (tutelle) in the degree and duration of the incapacity involved — curatorship applies when the incapacity is total and permanent, while guardianship can suit a partial or temporary incapacity.
Sworn declaration for a guardianship application: how does it work?
In what situations is a declaration under oath useful?
- supporting an application to open a curatorship before the court;
- confirming facts related to the total and permanent incapacity of the person concerned;
- attesting to the proposed curator's availability and suitability;
- completing a file submitted to the tutorship council or the Curateur public.
Who can sign this declaration?
Depending on the stage of the process: the proposed curator, a family member, or anyone able to attest to facts relevant to the file.
What should the declaration contain?
- the declarant's identity and their connection to the person concerned;
- the facts relevant to the curatorship application;
- a statement of truthfulness.
Can it be sworn online?
Yes, when the document and situation are eligible for remote oath commissioning, by videoconference.
Online oath commissioning in Québec: how does it work?
Assermentation Express
Assermentation Express is not a government website and does not provide legal advice on a curatorship process. This service is limited to receiving the oath or solemn affirmation on a document already prepared.