Parents who have parental rights may want to appoint a guardian for their children in two cases: when they are minors or when they suffer from any type of disability that could lead to their incapacitation. In the case of having minor children, it is usually a frequent clause at the time of granting a will, being the most convenient for the parents to act together when choosing the person who would perform that function; so that the situation is less complicated if they are missing.
What to do in this situation?
The most common in these cases will be to choose a person very close in the family environment, either an older brother or relatives close to the parents in order to make the child’s adaptation less traumatic. It is possible to appoint a person and his spouse to guardianship jointly. When it comes to appointing a tutor as guardian for the child with a disability, the situation usually presents itself differently. If you hire any third person out of your family members, then you first need to do a free background check. With this tool you just need to put the phone number of the hired person. It will tell you all the details. After all the safety of our little member is most important to us.
It is necessary to go to the Notary and they can do it in their own will or in a notarized public document. In both cases, such documents will be communicated by the authorizer to the Civil Registry so that they are there and can be sent to the Judge when the incapacitation procedure or the appointment of guardian begins. It must be taken into account that within the scope of the Civil Code, parents cannot test together, and must do so individually.
What can parents do?
The possibilities, besides appointing the person who could perform the guardianship, are several. They can appoint one or more tutors, and establish whether they should act jointly or not, this is jointly. Proceed to separate the personal guardianship of the estate, so that a guardian takes care of the child and has it in his company and another is responsible for the management of their property, which can be convenient in many cases attending to the family environment.
Appoint legal guardian to a legal person, provided that among its purposes is the work of protection of minors or the disabled and not for profit. They can establish oversight or control bodies for the tutor’s actions. Provide the measures they deem appropriate regarding the person or property of their children. This possibility allows parents to provide the need or not to enter the child in a centre or institution, treatments that must be followed, desire to remain in the family home, reinvestment of benefits in medical or educational treatments, etc. They can establish that the guardian receives the fruits produced by the assets of the disabled child in exchange for the said guardian lending food to the guardian.