The person appointed as a curator to administer the assets and care for one of your loved ones has resigned or passed away. Should they be replaced? Can another family member continue to administer the assets and care for this individual? It is in the best interest of the incapacitated person to proceed with the replacement of their curator.

The curator represents the incapacitated adult in the exercise of their civil rights, and is also responsible for their custody and maintenance.

The curator must maintain a personal relationship with the adult, ensuring their moral and material well-being, taking into account their condition, needs, and abilities, even if they are placed in an institution.

Finally, the consent for necessary medical care for the incapacitated adult is given by the curator. The curator must ensure that the care will be beneficial, despite the seriousness and permanence of some of its effects, that it is appropriate given the circumstances, and that the presented risks are not disproportionate to the expected benefit.

When a protective regime has been established for an adult and there is a vacancy in the position of curator, guardian, or advisor, the trustee council or any interested party must arrange for the appointment of a replacement.

Required documents

• Name and contact information of the incapable adult, date of birth, and social insurance number;
• Name and contact information of the person initiating the proceedings;
• Name and contact information of interested parties, which will be determined after discussing with the notary responsible for your case (these may include parents, relatives, and friends);
• A copy of the judgment establishing the opening of the protective regime;
• The resignation of the guardian and the submission of their accounts, if applicable;
• The death certificate of the guardian, issued by the Director of Civil Status, if applicable.