With regard to the specific treatment of the appointment of a guardian, in addition to the most recent provisions of the Civil Code, which also refer to procedural matters, it is necessary to resort to the almost expired regulation of voluntary jurisdiction of the Civil Procedure Act of 1881, which refers in articles 1833 to 1840 to the appointment of the guardian. In particular, in the case of guardianship for minors due to the death of the parents, with or without appointment in the will. Later, in Articles 1861 to 1879, a general regulation on the so-called “distinction of the position of the guardian” is examined, with particular reference to matters relating to deposit, which we will analyze in due course. The person responsible for the care of a minor or a disabled person with judicial status and property in the absence of the parents is called a legal guardian. The main task of the tutor is to take care of his wards. The Civil Code provides for special obligations, such as providing food, education and comprehensive training, and recovery from disability in order to better integrate into society (art. 269 CC). There is also an obligation to report on the administration and to report annually to the judge on the situation of the minor or disabled person (art. 269.4º CC), which is supplemented by the possibility for the judge to require the guardian to report on the situation of the municipality and the state of the administration at any time and independently of these annual obligations (art. 233 CC). The judge can vary this order: However, if he is considering another, more advantageous option, he must justify why he is doing so. A guardianship order is the court order that appoints you as the minor`s guardian.
Please read this document carefully. This document lists your powers and responsibilities as a guardian. The document also serves as proof of your appointment and authority as guardian. As we have mentioned in the case of the will, the documents referred to in the previous paragraph are registrable in the corresponding birth certificate of the person concerned by the future guardianship, their issuance before a notary is sufficient, either in the form of clauses attached to another main document, or by signing a specific deed of demonstration for the appointment of the guardian. One solution for such an award would be to include the willingness of the contracting authority to appoint a guardian for the trustee(s) in the event of future incapacity. Similarly, at the request of a party or of his own motion, the judge must request the corresponding textual confirmation of the birth registration of the person concerned by the guardianship in order to be informed of any comment on the will of the father or the interested party on the appointment of the guardian and its conditions (Article 223(4) CC). In order to protect the rights and property of the ward, the Civil Code and Law 15/2015, of 2 July, on Voluntary Jurisdiction, require the guardian to obtain judicial authorization to accept the inheritance of the guardian without inventory, that is, in cases where the hereditary ward must meet the debts of the inheritance, not only with the assets of the inheritance, but also with your personal belongings. If the legal guardian of the estate is unable to work, court approval is required for another person to obtain it. If it does not exist, the inheritance is accepted without affecting the personal inheritance of the heir. However, section 1879 of the LEC 1881 provides that guardians may not be revoked by an act of voluntary jurisdiction, even at the request of minors. Ask the court or your local child welfare authority to tell you where you can get help. Click here to find your local child protection agency and visit your county website.
You can also consult the section about your district in the phone book. The guardian is the person named in the judgment according to the appropriate judicial procedure, in which the requirements and characteristics that ± most appropriate to ensure the protection of the person and / or the heritage of the municipality or municipality and to compensate for their inability to act. It should not be confused with the institution of the conservatory and the figure of the curator, who is appointed in case of partial incapacity. Those who are not afraid of an accident in which both parents die and our young children are left alone, the appointment of a guardian in a will prevents conflicts from arising that contribute to this misfortune, because we can command the person we know will be better. Pursuant to article 236 of the Civil Code, guardianship is exercised by a sole guardian, unless, due to special circumstances of the person of the ward or his property, it is appropriate to separate the position of the guardian of the person and that of the property as different positions, each acting independently within the limits of its competence. Although decisions regarding the two must be made jointly. It is recommended to carry out the incapacity procedures by a specialized lawyer, if you have not already done so, because the casuistry in each case is very different. I hope I have been helpful, we are always at your disposal, a warm greeting. In practice, the judge can modify this order or even appoint another person, always in the interest of the person to be protected. In the absence of the persons referred to in the preceding article, the judicial authority shall appoint the guardian it deems most appropriate having regard to his or her relationship with the ward and in the best interests of the ward. However, when appointing a tutor, the judge must comply with the order provided for in articles 234 and 235 of the Civil Code: If you need help as the minor`s guardian, you can get resources to get help: Yes, you can ask the court to resign as guardian of the person, property or both.
Your request must include the reasons for withdrawal. You can also request the appointment of a successor or substitute tutor. Interested parties are required to report. The resignation of the guardian does not terminate the guardianship until the court has issued a decision accepting the waiver. A guardian named in a will who apologizes for the guardianship at the time of appointment loses what the testator would have left him. The legal guardian is the person responsible for the care of a minor or a person with a judicial disability. In principle, any person (Articles 241 and 242 of the Civil Code) may be a guardian, only necessary: In the choice of guardian, the following persons are taken into account: Help if the child has problems Each county has agencies that help children from difficult families. Some children have physical or learning disabilities.
Some were mistreated. Some may need advice or other services. Try to meet the special needs of the child in your care and get the services you need. The file may be transmitted by the guardian himself, by the representatives of the heirs, by wards represented by the Public Prosecutor`s Office if they are minors or if the status has been changed by the court, by his public defender if he did not obtain authorization at the time of appointment and by the creditors of the heir who rejected the succession. In this context, we conclude that our rules leave the judge a wide margin of appreciation in appointing the person of the guardian and that it will be necessary to consider each specific case for the proposal of a particular person, taking into account not only the order of preference of 234 cc, but also the possible designations in a public document or will. Proximity to the community and, ultimately, as determined by the law itself, who can best exercise the position for which it is proposed, always in favour of the minor or disabled person (art. 235 CC). The same Civil Code provides, only in the case of testamentary appointment, that the parents give the guardian the opportunity to appropriate the fruits of the ward`s property in exchange for maintenance (art. 275). The same possibility is provided for in the 1881 CEA for the tutorship of minors as an alternative to the remuneration of tutorship (art. 1861.1) When does tutorship end? Can guardianship be terminated? The grounds for incapacity referred to in sections 243.4 and 244.4 do not apply to guardians specified in the provisions of the parents` will as known to them at the time of appointment, unless the judge decides otherwise in a reasoned decision in favour of the minor or minor.