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080-DGSP-2018-03 Psychosocial reassessment recommending the end of or change to protective supervision, or the cessation of the effects of the mandate 1. General information about the person undergoing the reassessment Last name at birth First name at birth Usual name if different 1 Follow instructions on page 11. Important: Print on one side only. Last name of spouse First name of spouse Does the current living environment meet the needs of the protected person? Is a move planned in the coming months? Since when? Institution file no. Curateur public file no. Health insurance no. Current civil status Is the person in a common-law relationship? Yes (specify): Yes (specify the reason): Yes No (specify): No No Current protective supervision Advisor to the person of full age Yes No Tutorship Curatorship Protection mandate Is the person currently represented by the Curateur public du Québec? Last name of minor child First name Date of birth 2. Living environment Yes (specify): No Is the person currently represented by one or more private legal representatives? Postal code Address of person undergoing the reassessment (no., street, city) Name of residence (where applicable) Date of birth Sex yyyy-mm-dd yyyy-mm-dd yyyy-mm-dd Female Male Does the concerned person live alone? Yes (specify): Spouse Minor child (specify): Other (specify): Roommate or housemate No (specify): If the person lives at home Yes No Yes No Is the shared living arrangement in the concerned person’s interests of the individual in question and does it meet his or her needs? Explain: How are they related to the persons they live with? If yes, does the person live in a supervised apartment? Last name of private legal representative First name Single Married Divorced Civil union Civil union dissolved Widowed
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Psychosocial reassessment recommending the end of or ... · Name of report or document Publication date Evaluator’s last name Evaluator’s first name Profession C. Reports and

Jul 20, 2020

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Page 1: Psychosocial reassessment recommending the end of or ... · Name of report or document Publication date Evaluator’s last name Evaluator’s first name Profession C. Reports and

080-DGSP-2018-03

Psychosocial reassessmentrecommending the end of or change to protective supervision,

or the cessation of the effects of the mandate

1. General information about the person undergoing the reassessmentLast name at birth First name at birth Usual name if different

1

Follow instructions on page 11.Important: Print on one side only.

Last name of spouse First name of spouse

Does the current living environment meet the needs of the protected person?

Is a move planned in the coming months?

Since when?

Institution file no.

Curateur public file no.

Health insurance no.

Current civil status

Is the person in a common-law relationship?Yes (specify):

Yes (specify the reason):

Yes No (specify):

No

No

Current protective supervisionAdvisor to the person of full age

Yes No

Tutorship Curatorship Protection mandateIs the person currently represented by the Curateur public du Québec?

Last name of minor child First name Date of birth

2. Living environment

Yes (specify):

No

Is the person currently represented by one or more private legal representatives?

Postal codeAddress of person undergoing the reassessment (no., street, city)

Name of residence (where applicable)

Date of birth Sexyyyy-mm-dd

yyyy-mm-dd

yyyy-mm-dd

Female Male

Does the concerned person live alone?

Yes (specify):

SpouseMinor child (specify):

Other (specify):Roommate or housemateNo (specify):

If the person lives at home

Yes No

Yes No

Is the shared living arrangement in the concerned person’s interests of the individual in question and does itmeet his or her needs?

Explain:

How are they related to the persons they live with?

If yes, does the person live in a supervised apartment?

Last name of private legal representative First name

Single Married Divorced Civil union Civil union dissolved Widowed

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5. Psychosocial situationWhat aspects of the person’s current psychosocial situation explain the need for a change in representation?

3. Sources or references

Dates of your meetings with the person Locations of these meetingsLiving environment

Telephone interview Meeting

Your office Other (specify):yyyy-mm-dd yyyy-mm-dd

yyyy-mm-dd

yyyy-mm-dd

yyyy-mm-dd

yyyy-mm-dd

First name

Date of consultation

Last name of first individual consulted

yyyy-mm-ddyyyy-mm-dd

A. Meetings with the person undergoing the reassessment

Telephone no. Type of consultationExt.Relationship with the person

B. Individuals consulted in the course of your reassessment

Name of report or document Publication date Evaluator’s last name Evaluator’s first name Profession

C. Reports and documents consulted in the course of your reassessmentTelephone interview Meeting

First name

Date of consultation

Last name of second individual consulted

Telephone no. Type of consultationExt.Relationship with the person

(Attach to this form if relevant)

4. Legal proceduresTo your knowledge, is the person involved in a current or upcoming legal or administrative proceeding?

Yes (specify):

No

Lawyer’s last name Lawyer’s first name

Nature Duration

Ext.

Yes (specify):

No

Has the person been placed into care or protective confinement, or is he/she under an order by the Commission d’examendes troubles mentaux?

Date of orderyyyy-mm-dd

Yes (specify):

No

Description of current or upcoming proceeding

Has the person hired a lawyer?

Telephone no.

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Is the person able to carry out his/her social roles?Yes, in whole or in part (specify how he/she exercises these roles and his/her limitations in exercising them)No (explain)

Is he/she able to freely express choices and opinions? If so, by what means of communication? If not, why?

How does he/she participate in the decision-making process?

What is his/her state of mind regarding his/her limitations?

How willing is he/she to accept offers of help or services?

6. Ability to make decisions

How does he/she defend his/her decisions?

Is he/she able to follow simple instructions (e.g., taking medication), suggestions from a relative or friend, advice from a professional,etc.? If so, what is the degree of involvement? If not, why?

In what way does he/she assert his/her rights? If he/she suffers harm, does he/she know what recourses are available(e.g., filing a complaint or calling a legal advisor)? Does he/she make use of them?

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Can he/she ask for the care and services he/she needs?

How, with whom, and how often does he/she follow up on his/her requests?

In the context of a public protective supervision, can a family member or friend be involved in representing the person or his/herproperty?

7. Financial situation

Yes No (specify):Is the protected person’s financial situation stable?

What are the main issues?

Yes (specify):

No

Relative or friend’s last name

Yes NoDoes the person know what his/her assets consist of?

Explain:

Yes No

Can the person conduct regular financial transactions to administer his/her assets(e.g., deposit income, pay bills, manage a bank account, etc.)?

Explain:

Relative or friend’s first name

Yes No

Can the person understand and assess the consequences of decisions related to managing his/her property(e.g., the impacts of failing to follow a budget or of signing a mandate)?

Explain:

Yes NoCan the person manage employment income on his/her own?

Yes No

Can the person manage the more complicated financial transactions required by the current situation(e.g., manage a building, file tax returns, accept or refuse an inheritance, etc.)?

Explain:

Not applicable

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Yes NoDoes the person understand the obligations arising from a contract?

Explain:

Yes No

What aspects of the person’s current financial situation explain the need for a change in representation?

Explain:

8. Opinion of the person

Yes (specify):

NoNot applicable

Could an administrator be appointed to manage his/her government benefits?

Would this be sufficient to meet the needs of the protected person?

Yes (specify):

No

Does he/she want the current advisor, tutor, or curator to be replaced?

By whom does he/she wish to be represented (tutor or curator) or assisted (advisor to theperson of full age)?

Yes (specify):

Was the person able to give his/her opinion on the end of or change to the current protective supervision, or on the cessationof the effects of his/her protection mandate?

What is their opinion of this process?

No (specify): Why was the person unable to give their opinion?

9. Opinion of the advisor to the person of full age, tutor, curator, or mandataryWhat is the opinion of the advisor to the person of full age, tutor, curator, or mandatary about the end of or change to the protectivesupervision, or the cessation of the effects of the mandate?

(Fill out this section only in the case of a private protective supervision.)

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YesNo (specify):

Does he/she still want to perform the role of legal representative?

Why does he/she no longer want to perform the role of legal representative?

Yes (specify):

10. Opinion of relatives or friendsWere relatives or friends consulted?

Which relatives or friends were consulted? (Give name and relationship with the person.)

Yes (specify):Do any relatives or friends wish to be appointed as advisor, tutor, or curator?

Names of relatives or friends who wish to be appointed as advisor, tutor, or curator

What is the opinion of other relatives or friends about the appointment of these individuals?

Do you agree with the appointment of these eventual advisors, tutors, or curators?

No (specify):

No (specify):Yes

Reason for which no relatives or friends wish to be appointed as advisor, tutor or curator

No (specify): Why were no relatives or friends consulted? (Go to section 11.)

Why do you not agree? In your opinion, who could act in this capacity?

What is the opinion of the relatives or friends consulted about the end of or change to the protective supervision, or the cessationof the effects of the mandate?

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11. Professional opinion of the evaluator

Partial, because he/she can make some informed decisions on his/her own and exercise certain civil rights.Total, because he/she cannot make informed decisions on his/her own or exercise his/her civil rights.

What is your assessment of the person’s incapacity with respect to his/her need for protection, and his/her ability to exercisehis/her civil rights and administer property? (Explain the impacts of the incapacity on the person's functioning and on his/her environment with

respect to his/her ability to protect him/herself, exercise his/her civil rights and administer his/her property.)

A. Assessment of incapacity

What is the degree of incapacity with respect to protection of the person? (Answer only if the physician has confirmed the incapacity.)

Partial, because he/she can make some informed decisions on his/her own regarding the administration of his/her property.Total, because he/she cannot make informed decisions on his/her own regarding the administration of his/her property.

What is the degree of incapacity with respect to protection of the property? (Answer only if the physician has confirmed the incapacity.)

In your opinion, does the person still require legal representation (tutor or curator) or assistance (advisor to the person of full age)?

B. Need for legal representation or assistance

Yes (Explain) No (Explain)

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In the context of a private protective supervision or a homologated mandate, what is your opinion on how the person appointedas legal representative, advisor to the person of full age, or mandatary is carrying out his/her role and responsibilities?

12. Recommendations of the evaluator based on the current protective supervisionIn the case of an advisor to a person of full age

lifted (ended)I recommend that the current protective supervision be:·

lifted (ended) decreased increasedI recommend that the current protective supervision be:·In the case of a tutorship

lifted (ended) decreasedI recommend that the current protective supervision be:·In the case of a curatorship

In the case of a mandate

As stipulated in Article 2173 of the Civil Code of Québec, I find that the mandator has again become capable.I attest before the court to the mandator’s capacity and recommend cessation of the effects of the mandate.

·

Residual capacities

Given the protected person’s residual capacities, do you think it appropriate to modulate the tutorship or to amend the clauses of thecurrent modulated tutorship?

(Fill out this section only if you are recommending tutorship, in which case the incapacity must be partial or temporary.)

Yes (specify):

Non

Administering personal allowance according to the terms agreed with the tutor.Managing a bank account for the administration of the personal allowance.Others acts depending on the person’s situation. Specify:

What acts is the person capable of performing on his/her own?

increased

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13. Relatives or friends who could attend the meeting of relatives, persons connected by marriage ora civil union and friends

The spouse, children, father and mother, if they have a known residence in Québec, grandparents and other ascendants, and adultssiblings, must all be called to the meeting of family and friends.

1.

(Be sure to include all persons required.)A. Living relatives or friends who must be called upon to attend the proceedings

B. Deceased relatives who would have had to be called to the meeting

Last name First name Relationship with person

Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

2. Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

3. Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

4. Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

5. Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

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Grandparents, other ascendants, and adult siblings who have no known residence in Québec, and other relatives, personsconnected by marriage or civil union, and friends may be called to attend the meeting.

1.

C. Relatives or friends who may be called to the meeting

Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

2. Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

3. Last name First name Relationship with person

Postal codeAddress (no., street, city)

Email address Telephone no.

14. General information about the evaluatorTitleFirst name

yyyy-mm-dd

Last name

Authorization to fill out this assessment

Practice setting Ext.

Date

Name of institution

Are you the person’s principal practitioner?

Signature (sign original in blue ink)

Postal codeMain work address (no., street, city)

Acquired right with OTSTCFQ attestation License no.:

Yes (specify): Since when have you been the person’s principal practitioner?

No (specify): Last and first names of the person who provides psychosocial follow-ups with the person

Profession Telephone no.

yyyy-mm-ddI informed the person of the reason for the reassessment and of my conclusions on .

Telephone no. Fax no.Ext. Email address

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Instructions

General instructions

The reassessment also applies when a mandator again becomes capable.

As part of the psychosocial reassessment, it is important to consult the advisor to the person of full age, the tutor, the curator, or the mandatary to update the latter on the legal representation of the protected person, and to obtain and confirm certain information.Send only the documents that pertain to the change request.

Civil status is the current status of the person according to the Québec register of civil status.For example, someone who has never been married and who lives with a common-law spouse is single.A widow or widower who lives with a common-law spouse is widowed.A person who is legally separated is married.

Section 1: General information about the person undergoing the reassessment

If a change in living environment is planned in the coming months, will the change impact the need for legal representation? For example, is the person experiencing a change in living situation due to a roommate or a new spouse moving in, or is he/she suddenly required to care for a minor or adult child?

Make sure to inform the tutor or the curator, and to obtain the latter's consent to send personal information.

Section 2: Living environment

Section 3: Sources or references

This information is important to determine the need for representation. Examples of legal or administrative proceedings are: a motion in a civil or family matter, an application for review to the Tribunal administratif du Québec, etc.Make sure to inform the tutor or the curator about the proceedings.A person under tutorship for the property only and who is capable of taking care of his/her person must normally hire a lawyer him/herself to represent him/her in a legal proceeding. The tutor for the property must agree to the legal fees.

Section 4: Legal procedures

Attention: This document must not be used to report a situation of abuse or maltreatment. In such a situation, a report must be made to the authority having jurisdiction in the matter.Consult www.curateur.gouv.qc.ca/reporting for more information. Moreover, it cannot be used to submit a request for replacement of a legal representative.

Note: This form must be completed in the language used most often by the person (French or English).

The psychosocial reassessment is an act restricted to social workers and individuals authorized by the Professional Code. When assessments restricted to other professionals are required to complete the reassessment, list them and attach them.

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Instructions (cont.)

Section 5: Psychosocial situation

In this case, this information will help to modulate the tutorship if the person has retained some ability to manage his/her assets.

Social roles refers to family (parent, child, spouse, sibling), civil and financial, and social (friends and neighbours) responsibilities, interpersonal relationships, participation in community life, education, work, and recreation. Those associated with everyday situations, such as consumer, service user, taxpayer, and healthcare network user, are to be considered.

Social roles

Evaluators should consider all these factors: ethnic background, cultural values, education, religion, the person’s past and current physical and mental functioning, environmental characteristics, and family and social relationships.

Section 7: Financial situation - A: Administration of the person’s property

Important: If a minor child lives in the represented person's home, the following points must be documented: sources of support for the parent, services received from the health and social services network or community organizations, the presence of family or friends to support the incapable person, and verification of any reports in the file.

Visit the Curateur public’s website at www.curateur.gouv.qc.ca for information on the different types of administration.

Section 8: Opinion of the person

For help with informing relatives or friends about the role and obligations of a tutor or a curator, and the tutorship council, visit our website at www.curateur.gouv.qc.ca. Brochures are available.If the protected person or a relative or friend wishes to replace the current tutor or curator, the latter must submit a replacement request for the tutor or curator to the court. The replacement cannot be done at the same time as the reassessment. If the replacement of the current tutor or curator by the Curateur public is desired in the best interest of the protected person, it is important to contact the Curateur public. This replacement cannot be done at the same time as the reassessment because it is a separate matter.

Section 10: Opinion of relatives or friends

The represented person's opinion about his/her representative must be indicated. If not, specify why he/she was unable to express his/her opinion.If the person wishes to replace his tutor or curator, the tutorship council and the Curateur public must be informed. A separate procedure is required; this replacement cannot be done using the same procedure as the reassessment.

If the tutor or curator wishes to resign, he/she must advise the tutorship council and the Curateur public and submit a replacement request. This cannot be done using the same procedure as the reassessment.

Section 9: Opinion of the advisor to the person of full age, tutor, curator, or mandatary

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Instructions (cont.)

Section 11: Professional opinion of the evaluator

During the psychosocial reassessment, it is necessary to assess the person’s incapacity and his/her need for representation and, finally, to identify a friend or family member, if this has not already been done, to represent the person.

The court institutes a tutorship if it has been determined that the person of full age’s inability to care for him/herself or to administer his/her property is partial or temporary, and that he/she requires representation in the exercise of his/her civil rights.

The court institutes a curatorship if it has been determined that the person of full age’s inability to care for him/herself or to administer his/her property is total and permanent, and that he/she requires representation in the exercise of his/her civil rights.

Different people may assume the roles of tutor/curator for the property and for the person, which makes it possible to share responsibilities.

The court appoints an advisor to a person who is generally or usually capable, but who may require assistance or advice in administering his/her property, for certain acts or on a temporary basis (e.g., selling a building, refusing an inheritance). The Curateur public cannot be an advisor to a person of full age (but it can be appointed as tutor or curator).

a tutor for the person and the property; ORThe court then appoints:

The court then appoints a curator (Art. 281 C.C.Q.).

An informed decision presumes knowledge of all the aspects needed to make the decision.

·a tutor for the person or a tutor for the property (Art. 285 C.C.Q.).·

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Instructions (cont.)

Section 11 : Professional opinion of the evaluator - A: Assessment of incapacity

The evaluator must assess the degree of incapacity and the impact of this incapacity on the person’s ability to protect him/herself, exercise his/her civil rights, and administer his/her property. The evaluator must therefore determine the impact of the incapacity on the person’s ability to function and on his/her environment.Protective supervision is instituted to ensure the protection of the person and to represent him/her in the exercise of his/her civil rights (e.g., taking legal action, granting access to his/her file, consenting to the recording and use of his/her image and voice, etc.). The mandator may also have included clauses to this effect in the mandate that he/she will have prepared in the event of incapacity.

For the person: The incapacity is partial when the person can make certain informed decisions on his/her own and exercise some civil rights. For instance, the person can make decisions concerning his/her living environment and request services, but he/she cannot defend his/her rights in court. The incapacity is total when the person cannot make any informed decisions or exercise his/her civil rights.

For the property: The incapacity is partial when the person can make certain informed decisions concerning the administration of his/her property. For instance, the person can manage his/her monthly budget but cannot administer investments. The incapacity is total when the person cannot make any informed decisions concerning the administration of his/her property.

The term civil rights refers to all rights associated with the person, in particular, the freedom of interference with privacy, family life, home, or correspondence, the right to one’s own image, the right to liberty and security of person, the freedom of movement, the freedom of thought, conscience and religion, the right to free speech, the freedom of peaceful assembly and association, and the right to marry and to found a family. The exercise of civil rights requires an understanding of the associated consequences. It is important to ensure that, despite his/her medical condition, the person has the capacity to make informed decisions in his/her everyday life. In the event the person is incapacitated, another person may exercise his/her civil rights on his/her behalf.

Civil rights

Protection of a person implies taking care of his/her basic needs.Questions to ask: Can the person feed him/herself and does he/she have suitable housing, or is he/she able to request these services? Is he/she safe? Given the person’s health condition and income, are his/her living conditions adequate? Despite his/her medical condition, does the person have the capacity to make informed decisions in his/her everyday life and understand the consequences of these decisions?

Protection of the person

The administration of property, and the associated exercise of civil rights, refers mainly to a person’s ability to sign contracts, collect income, accept or refuse an inheritance, make a donation, manage orsell a property, manage a salary, etc.Protective supervision for the property is instituted to represent a person in the administration of his/her property. The mandator may also have included clauses to this effect in the mandate that he/she will have prepared in the event of incapacity.

Administration of property

The degree of incapacity may be partial or total.Degree of incapacity

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Instructions (cont.)

Section 11: Professional opinion of the evaluator — B: Need for legal representation or assistance

Under the law, the need for protection is recognized when an incapacitated person must be assisted (advisor to the person of full age) or represented (tutor or curator) in the exercise of his/her civil rights. This need may be due to isolation, the duration of the incapacity, or the nature or state of the person’s affairs. The need for legal representation is an essential condition for the institution and maintenance of protective supervision.

Based on the current protective supervision, indicate your recommendation according to the degree of incapacity.Supervision involving an advisor to the person of full age can be lifted (end of protective supervision), or increased to a tutorship or a curatorship, depending on the degree of incapacity.A tutorship for the property can be lifted (end of protective supervision), or increased to a tutorship for the person and the property, or to a curatorship.A tutorship for the person and the property can be lifted (end of protective supervision), or reduced to a tutorship for the property, or increased to a curatorship.A curatorship can be lifted (end of protective supervision), or reduced to a tutorship for the person and the property, or to a tutorship for the property only.The effects of a mandate must cease in the event the mandator is once again pronounced capable. The scope of a mandate cannot be increased or decreased.

If this is the case, explain how the various elements of the protected person’s psychosocial or financial situation justify ending the need for assistance or representation, and what measures are in place that will enable the lifting of the protective supervision despite the person’s incapacity.

Moreover, if the professional responsible for the assessment finds that the current legal representative or advisor is not adequately fulfilling his/her role and responsibilities, he/she must fill out this section, and inform the tutorship council and the Curateur public du Québec.

Under protective supervision, the protected person is required to be represented or assisted in the exercise of his/her civil rights. It is therefore a decision with major ramifications for the person in question. Other than this option, there are less restrictive solutions for the person in question, and for his/her relatives and friends. The principle of need applies in this case. Despite the person’s incapacity, if the need for protection is met by other means and if the need for representation is no longer present, the evaluator may recommend lifting the protective supervision. Here are some examples:

Section 12: Recommendations of the evaluator based on the current protective supervision

A person with a mild intellectual deficit marries and no longer needs the legal representation provided by protective supervision.

·

A person with an intellectual deficit inherits money from his/her parents; after the money from the estate is gone, family members can administer government benefits.

·

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Instructions (cont.)

Section 12: Recommendations of the evaluator based on the current protective supervision — Residual capacities

Section 13: Relatives or friends who could attend the meeting of relatives, persons connected by marriage or a civil union, and friends

The persons capable of forming the meeting of relatives, persons connected by marriage or a civil union, and friends must be advised, by the court, of the evaluators’ recommendation to end or change the protective supervision, or to cease the effects of a mandate. You must obtain contact information for the family and friends of the person undergoing the reassessment, even if he/she refuses to give you it. This information is required by the court.

It is important to make sure the information on the list of family and friends forming the meeting matches that on the protective supervision order and the reassessment. For example, family and friends can be added to the list, but if a family member was on the list at the time the protective supervision was instituted, he/she must also be on the list for the reassessment, even if he/she is deceased. His/her name must appear in Section 13B.

If there are more than five people to be convened, attach the list.

N.B.: The purpose of this section is to ensure that the person's residual autonomy is respected.

In the case of partial incapacity for the person and the property, or partial incapacity for the property only, the judgment can specify the acts that the person is capable of doing on his/her own or those for which he/she requires assistance from the tutor. This is what is known as a modulated tutorship.A person under tutorship retains the right to manage his/her employment income (salary), unless the court decides otherwise.It is important to ensure that the mental condition of the protected person is stable and that he/she is capable of performing him/herself the acts listed in the request to modulate the tutorship, as tutorships are usually revised every three years.

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080-DGSP-2018-03

Psychosocial reassessmentrecommending the end of or change to protective supervision,

or the cessation of the effects of the mandate

17

Instructions (cont.)

If your recommendation is consistent with that of the physician, send the originals of your and the physician's reassessments to the designated person at your institution, who will forward them the court. Send a copy of both reports with the "Notice on filing of a reassessment" to the tutor or the curator, and to the protected person.If your recommendation is not consistent with that of the physician, and if you both stand by your professional opinions, send the originals of both reports to the tutor or the curator with the "Notice on filing of a reassessment" so that the latter can file a motion. Remember to inform the protected person of your recommendation by giving him/her a copy of your reassessment.If you work in private practice, you must send the originals of both reports to the court, with payment of the required legal fees, which you can add to your invoice for the legal representative. Send a copy of both reports with the "Notice on filing of a reassessment" to the tutor or the curator, and to the protected person.

The same instructions apply to a reassessment for a mandate, except for the fact that the "Notice on filing of a reassessment" is not required.

Transmission instructions

Important: The information contained in this report is strictly confidential and must be protected at all stages: during production of the reassessment, during transmission within the institution, and to authorized recipients only.

Important: As there can only be one tutor or curator for the person, but several tutors or curators for the property, the documents concerning the reassessment must be sent to the tutor or the curator for the person.If the protected person is under tutorship for the property only, then send the documents to the tutor forthe property.