This is the case, for example, if, because of certain special circumstances of the person of the ward or his property, it is appropriate that there be one guardian for the minor and another for the property. Article 274 CC stipulates that the guardian is entitled to remuneration if the heir of the guardian allows it and even, although it stipulates that the judge determines the remuneration, recommends the conditions of its amount, which are between 4 and 20% of the liquid income of the property. The CEA, 1881 also refers, without specifying the amount, to the determination of the guardian`s remuneration by the judge (s. 1862) IMPORTANT: If you need to establish guardianship of the estate, it is best to have a lawyer set it up and represent the guardian of the estate. This is due to the fiduciary duty (this is the highest legally recognized duty) that the guardian has towards the minor and which requires compliance with all laws and rules protecting the minor`s property (property). A lawyer can make sure the executor is doing everything right. Attorney`s fees are paid by the estate and must be approved by the court to protect the child. Your will should appoint a testamentary guardian. The will must state that you want your children to live with the guardian, even if the other parent is alive. You must describe in the will the relationship or contact between your children and the appointed guardian. The court will first ask the other parent to take care of the children. You cannot prevent the other parent from taking custody of the children when you die. There is nothing you can include in your will that makes someone else the guardian of your children.
The guardian named in your will should be willing to provide the judge with evidence and testimony that it is in the best interests of the children to live with them. This may include evidence and testimonials about the testamentary guardian`s relationship with the children. In the film Delicious Martha (2001), the protagonist is a successful cook who lives for her work and when her sister, a single mother, dies in a car accident, she is not amused by having to take care of her eight-year-old niece, Lina. But she has to accept it because her sister has appointed her guardian for the girl in her will. Certain actions are excluded from representation under guardianship: those where there is a conflict of interest (for this there is the lawyer of the court, whom we will see later) and those relating to property that is excluded from the management of the legal representative. Guardianship for the estate is established to administer the income, money or other property of a minor until he or she reaches the age of 18. A child may need guardianship of the estate if he or she inherits money or property. In most cases, the court appoints the surviving parent as guardian of the child`s estate. Situation A: Death of a parent in a two-parent familyIf the child has two parents and one of the parents dies, they are under the care of the surviving parent.
Even if the parents are separated or divorced and the living parent does not have custody of the children. This would be the case, for example, with the film Finding Nemo. What does a tutor do? Take care of your children as a father or mother should. In addition, he must report regularly to the judge in order to justify the management of the minors` property. Hello, I am divorced. If I can appoint my mother as the executor of my property, who has the power to decide my property in the event of my death until my children inherit? My mother or my ex-wife? For this reason, the General Council of Notaries warns against the possibility that parents must designate in their will or in the act appointing the tutor or persons who wish to take care of their minor children in their absence. The performance of the guardian`s obligations may, by way of security, have a security to be paid under the conditions laid down by the judge, except in the case of public legal persons who assume guardianship, exempt from security in accordance with the provisions of the Civil Code (art. 260) and the LEC of 1881 (arts. 1833 and 1865 et seq.). In the case of an exemption from surety expressly contained in the will appointing the guardian, section 1833 of the Civil Procedure Act 1881 requires the judge to submit to this measure and cannot apply for release on bail.
Although the legal texts do not provide for the possibility of relieving the guardian of the person or persons who appoint him in another authentic instrument, we understand that such an appointment, in line with the provisions relating to the will, may imply the non-obligation of release on bail and would also be binding on the judge. Hello, my husband and I are thinking of making a will in case of death, we do not agree who would be the guardian of the children and wanted to know if they could be one on their side and another for me, in shared custody…., thank you Therefore, the fact that the parents are divorced or separated, Not that if the custodial parent is absent, Children are entrusted to the care of the guardian. As long as one of the parents has the right to exercise parental authority, he or she is responsible for the custody and administration of the child`s property. 9.2. In the case of handicapped persons, tutorship expires: in some cases, the same person may be the tutor of a person and the tutor of property. In other cases, the court will appoint 2 different people. (a) by reaching the age of majority or by granting the corresponding benefit. (b) By adoption. (c) To regain suspended parental authority until the death of the ward. (d) Due to the death of the station.
We have several ways to name the guardian of our creatures: will or notarized public document. It is important to know that in addition to appointing the guardian: After your death, your proposed guardian must be willing to report the abuse of the other parent to the judge. The appointed guardian must have all evidence of violence against the other parent, court orders, or any other type of evidence, such as written statements from you. That is what we must do when both parents die – for example, in a road accident – that is, when the children become orphans.