Law to better protect vulnerable persons

The new Law to better protect vulnerable individuals makes some changes for landlords of residential housing. These will be in effect as of November 1, 2022.

It will now be possible for a person other than the tenant to communicate with the landlord and perform certain acts concerning the lease of the person in a vulnerable situation. The landlord could be faced with two new distinct situations starting in November as two new plans have been created to assist people in need.

The first person that a tenant could face is the temporary representative of the person of full age. This individual, usually a relative (or the Curateur public), will be designated by the incapacitated person to perform a specific act on behalf of another person, without a protection plan being opened.

It is important for the landlord to ensure that the act that the temporary representative attempts to perform is indeed the one, and only the one, for which he or she has been mandated; temporary representation must therefore be distinguished from power of attorney. This act could be sending a notice of non-renewal of the lease, accepting, or refusing a lease amendment following a notice of renewal of the lease, signing an amicable termination of the lease on behalf of the tenant who would not be in a position - at that precise moment - to exercise his or her rights himself or herself.

The second new actor who could meet the landlord is the assistant to the adult. This individual acts only as a spokesperson, an intermediary between the assisted person and the organizations, including the landlord, without giving him or her the right to act on his or her behalf. An Assistant to the Major may collect and pass on information but cannot sign a document or make a payment to the landlord on behalf of the tenant in need of assistance.

A new Public Registry of Assistants will be available as of November 1, 2022 on the Curateur public’s website. This is where the landlord will be able to verify, with the information provided by the temporary representative or assistant to the age of majority, that their claimed status follows the existing regulations. In any case, these interveners must be on the said register to be authorized to exercise their respective roles. An explanatory video, created by the Curateur public, on the operation of the said register is available at the following link: https://www.youtube.com/watch?v=S0X_J43Ell8.

These provisions were adopted to ensure greater protection for people with temporary disabilities and those who require ongoing support from a counsellor. The lease signed with the assisted or represented tenant is not affected and the new actors have no contractual relationship with the landlord.