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Sworn declaration for a guardianship application: how does it work?

Guardianship (tutelle) lets someone be designated responsible for the property and person of a minor (in the absence of parents) or an adult who has become incapable, with no protection mandate already in effect. Certain steps of this process, particularly before the court or the tutorship council, may require a declaration under oath.

The guardianship process generally involves the court, a tutorship council, and sometimes the Curateur public — each may have its own requirements as to the form of declaration required.

In what situations is a declaration under oath useful?

  • supporting an application to open a guardianship before the court;
  • confirming facts related to an adult's incapacity or a minor's absence of parents;
  • attesting to the proposed guardian's availability and suitability;
  • completing a file submitted to the tutorship council.

Who can sign this declaration?

Depending on the stage of the process: the proposed guardian, 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 guardianship 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 guardianship process. This service is limited to receiving the oath or solemn affirmation on a document already prepared.

Do you need a declaration for a guardianship application sworn? Check availability and book your appointment online.

Book my appointment

Sources and references

← Assermentation Express
Sworn declaration — guardianship application