There are people who, because they find themselves in vulnerable circumstances, need protection; therefore, guardianship would be the best option in such cases. These people they often have physical limitations or have lost one of their parents. Keep reading to learn more about this topic and the responsibilities that come with being a guardian.
People who can serve as guardians
We must turn to the provisions of Article 234 of the Civil Code to determine who is qualified to hold this position:
- The person who has been appointed as guardian, regardless of whether or not there is a family relationship.
- The ward's parents.
- Someone who lives with the person to be protected.
- Individuals named in wills and other testamentary dispositions.
- Siblings (whether older or younger) named by the judge in a court order.
The tutor may only be appointed by the state judiciary. As a result, the judge presiding over the case is responsible for appointing a guardian. The guardian must assume guardianship immediately before the court or the appropriate court. This body will be responsible for managing its operations and overseeing the actions taken by the guardian.
Obligation to be assumed
Even if the judge grants the guardianship, The guardian may choose to resign before beginning to perform their duties. However, they must provide compelling reasons to demonstrate that they will be unable to perform their duties.
Being a guardian is a challenge, especially the first time. That is why it is important to understand the responsibilities involved before accepting this role. These include:
- Provide emotional and financial support to the person in your care.
- Establish a respectful and considerate relationship with the ward.
- Keep the judge informed any changes in health, place of residence, and financial situation.
- The ward must receive an appropriate education.
- You must accept responsibility for any action that directly or indirectly harms you.
- He is required to submit an annual report to the court detailing the financial situation of the person under his care.
The tutor is required to submit to the court a report known as the final accounting at the end of the guardianship period. This may occur upon the minor reaching the age of majority, the minor’s death, or the minor’s recovery. The deadline for submission is three months from the date the guardianship ends.
How to Terminate Guardianship
A guardian may resign from guardianship, but not before an initial hearing is held. You must demonstrate that your resignation is in the best interests of the child. Once the judge approves it, you must seek a replacement from among family members or volunteers to find a new guardian.
Since no candidate for guardian could be found, The minor may appear in court of minors. In order to grant custody to another person, the judge will consider one of the following criteria:
- He has a place to stay in a safe location.
- He has a stable income.
- He or she is capable of taking care of the child.
- Everyone can be provided with the right to education, health care, and recreation.
If a family member or parent wishes to return to live with the ward, it is important that can provide you with a decent place to live.
The judge may take the child's preferences into account, provided the child is over 12 years old. Now you understand the full extent of the responsibility and commitment involved in obtaining custody of a minor. We offer the best services to assist you with your legal matters.
