Before a Québec court can open a tutorship for an adult or homologate a protection mandate, a physician must document the incapacity on this mandatory form. It records the examination, diagnoses, decision-making faculties for the person and for property, risks, the person's wishes and a recommended reassessment time limit. A psychosocial assessment completes the file, and the report is sent only if it finds incapacity.
A physician who has examined the person completes every section and signs Section 8; the Curateur public's fact sheet says all sections must be completed for the form to be admissible in court. A social worker or other authorized professional completes the separate psychosocial assessment.
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Medical assessment (tutorship to a person of full age or homologation of a protection mandate)
Évaluation médicale dans le cadre de l'ouverture d'une tutelle au majeur ou de l'homologation d'un mandat de protection
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No. The Civil Code of Québec requires the physician to examine the person, and the form cannot be completed solely from a file. Section 3 asks for the examination dates, how long you have known the patient, the people consulted, such as relatives or a social worker, and relevant documents.
No. Unless the court decides otherwise, a person under tutorship can still contract for usual needs, perform acts related to their work and manage the proceeds of that work. Section 6 lets you add details on these faculties, and the court may open a tutorship even when homologation was sought.
Yes. The French title is Évaluation médicale dans le cadre de l'ouverture d'une tutelle au majeur ou de l'homologation d'un mandat de protection. One medical form serves both a tutorship and a protection mandate, while the psychosocial assessment has a separate version for each.