What power does a guardian have?

What power does a guardian have?

Legal guardian of a child

Update: This topic has been updated taking into account Law 8/2021, of June 2, reforming civil and procedural legislation for the support of persons with disabilities in the exercise of their legal capacity, which entered into force on September 3, 2021.

Art. 224 CC states that the rules of the guardianship will be applicable to the guardianship, with supplementary character, the rules of the curatorship. And this imposes on the guardian, and here we should also read guardian, some obligations that should be differentiated in three moments:

What are the powers of the guardian?

As a general rule, the guardian has the following functions or duties: To represent, care for and protect the ward. To provide food, training and education. Management and inventory of the assets of the ward.

What does a guardian represent?

A guardian is a person who has been appointed by a court (usually the probate division of a circuit court) to take charge of the care and custody of a minor or an adult person who has been declared legally incapacitated.

How many legal guardians can a person have?

The legislation establishes the possibility of guardianship being exercised by one or more guardians (Arts. 236-237 Cc).

Difference between guardian and legal representative

In the absence of an express definition of the concept of guardianship in the Code, we have found the definition provided by Prof. O’Callagham in his Compendium of Civil Law, based on the text of articles 215 and 216 Cc, which defines it as “the power granted by law over the person and property, or only over one or others, of a minor or incapacitated person for the benefit and protection of the same under judicial control”, to be very clarifying.

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We can cite as characteristics of the guardianship institution the following: a) Its main foundation is the protection of the minors and incapable persons subject to it. b) The action of the guardian is obligatory and always for the benefit of the ward. c) The guardian has a legitimate interest in everything related to his ward. d) The guardian will act under judicial supervision and with the intervention of the Public Prosecutor’s Office, in the cases determined by law.

On the other hand, the Judge and the Public Prosecutor can act as ex officio promoters of the constitution of the guardianship and the appointment of a guardian whenever they have knowledge that there exists in the territory of their jurisdiction a person who should be submitted to guardianship (Art. 228 Cc). To this effect, the Civil Code itself establishes that any person may inform the Public Prosecutor’s Office or the competent judicial authority of the fact determining the guardianship (Art. 230 Cc).

What are the types of guardianship?

The guardianship can be: a) Testamentary. b) Legitimate. c) Dative.

What is the role of a tutor in the school?

As a tutor, the teacher must guide the student, help him/her identify his/her learning styles, recommend study habits, motivate him/her and teach him/her strategies that allow him/her to generate meaningful learning and overcome the difficulties that may arise during his/her studies.

What can a legal guardian of an elderly person do?

What does it mean to be the legal guardian of an elderly person? Being the guardian of an elderly person implies a series of obligations whose ultimate goal is to ensure the well-being and safety of the person under guardianship. To do so, it is essential to cover all their basic needs such as housing, food, health…

Legal guardianship for incapacitated persons

Guardianship of a person can end in several cases, for example, when the minor reaches the age of majority. The same applies in the event of the death of the dependent person or in the event that the person entrusted with the guardianship is no longer able to continue acting as such – in which case, the judge must be notified so that the guardianship can be assumed by another person. In any case, when the guardianship has ended, the person who has served as guardian must submit to the court a report called a rendition of accounts. This report must be submitted from the moment of cessation or termination of the guardianship within a maximum period of three months.

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Not everyone is eligible for guardianship of another person. There are certain conditions that must be met. And is that for a person to be able to exercise as guardian of another person it is essential that he/she has been appointed by a judge in all cases, as specified in the Civil Code in its article 324. The same describes that the person to be guardian must meet the following conditions, in addition, an order of preference is followed, as indicated below, for his/her appointment:

How much does a legal guardian charge?

The amount of the remuneration to which the guardian is entitled is not a closed issue. The Spanish Civil Code establishes that it must be between 4% and 20% of the liquid yield of the ward. This specific provision of the Law has ended up working as a reference in many of the resolutions.

What is the role of guardianship?

The tutela action guarantees fundamental constitutional rights. … ARTICLE 4º-Interpretation of the rights protected. The rights protected by the tutelage action shall be interpreted in accordance with international treaties on human rights ratified by Colombia.

What is it like to be a guardian of a child?

The functions of the guardian are the guardianship and custody of the minor or incapacitated person, as well as his protection, education, assistance, feeding and rehabilitation, when he has no ascendants or when these are unable to fulfill the exercise of parental authority.

Requirements to become a guardian of an older adult

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