Special report by the Québec Ombudsman - Protecting incapable adults: the Curateur public must be more vigilant regarding remiss private tutors

QUÉBEC CITY, March 30, 2023 /CNW/ - Today, Québec Ombudsman Marc-André Dowd released an investigative report titled Under tutorship but vulnerable nonetheless - Protect the assets of incapable adults under private protective supervision regimes.

The Curateur public is the government agency that oversees the protection of incapable persons. More specifically, what kind of supervision must it exercise regarding private tutors mandated to see to the interests of protected adults? After investigating, the Québec Ombudsman concluded that in cases of financial abuse or mismanagement by certain tutors, the Curateur public:

• Is slow to react at times;
• Does not systematically do what needs to be done;
• Does not always follow up properly on problematic files.

"We made 17 recommendations to the Curateur public to right the situation. We expect to see the required corrective measures put in place without delay. By quickly detecting abuses and by intervening, the Curateur limits the extent of exploitation and its consequences for people who are among society's most vulnerable," said Marc-André Dowd.

Tutors' tardiness and the Curateur's slowness

As part of its supervisory mission, the Curateur public must obtain information and documents from private tutors proving the sound management of the represented person's assets. Often, tutors take too long to respond to the Curateur public's requests and the agency is slow to intervene with the tutors. Meanwhile, the situation of the incapable person may deteriorate and their patrimony may be compromised.

Ineffective selection of problematic annual reports

The Curateur public must red-flag files at risk for financial abuse or mismanagement. One of the main detection tools consists of verifying annual management reports. This examination is based on specific criteria such as patrimonial variations. The investigation showed that detection methods were not as reliable as expected and that abuses could slip through the cracks.

Inconsistent handling practices

The Québec Ombudsman also noted that work practices could vary from one agent to another. This results in disparities when, for example, it is time to decide whether a closer eye will be kept on a file, if supporting documents will be required, or if measures should be taken.   

The Québec Ombudsman's recommendations

In protecting incapable adults, the Curateur public must pay keen attention to the irregularities that may crop up in private tutorship management. The improvements needed for the Curateur public's operations must enable it to:

• Comply with its own deadlines;
• Improve the effectiveness of the means for detecting problematic accounts;
• Act more quickly when an irregular situation is detected;
• Immediately put an end to any deviations by private tutors;
• Revisit certain work practices and tools.

"We can't forget that for incapable people under a private regime, often the Curateur public is the final rampart for preserving their rights. Such a crucial mandate cannot be achieved unless the condition of protected persons is treated with attention and humanity," Mr. Dowd added.

For more information, see the highlights of the report or read the full investigative report, Under tutorship but vulnerable nonetheless - Protect the assets of incapable adults under private protective supervision regimes (in French).

SOURCE Protecteur du citoyen

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