The law to better protect vulnerable persons takes effect today!

Today, November 1, is the day the law to better protect vulnerable persons takes effect, ushering in concrete changes and a host of new features.

Like its international counterparts, this law is important because it promotes the autonomy of incapable persons and those living with difficulties. It allows them to exercise a maximum number of civil rights and to play a bigger role in decisions that concern them. In addition to simplifying protective supervision regimes, it provides for protection or assistance that’s better tailored to each person’s situation. It also helps to prevent abuse and maltreatment.

The new law introduces two new measures, temporary representation and the assistance measure. The first allows an incapable person, who does not need constant representation, to have a temporary representative appointed by the court to perform a specific act on their behalf (e.g., renounce a succession), while maintaining their other rights. Once the act has been performed, the temporary representation ends.

The second measure allows a person living with a difficulty to choose one or two assistants to help and advise them in making decisions, managing their property, and exercising their rights. Once officially recognized by the Curateur public du Québec, the assistant will be able to obtain and send information to various government departments and agencies, organizations, service providers (electricity, telephone, cable, etc.) and professionals (doctors, pharmacists, social workers, lawyers and notaries, chartered professional accountants, etc.).This measure will allow the assisted person to remain in control of their decisions but still get a little help when need it.

The Curateur public had help from many partners in laying the groundwork for the introduction of this law, which modernizes Québec’s protection system.

• Page about the law: Québec.ca/betterprotection
• Assistance measure
• Temporary representation