Guardianship is an authority given to someone to care for another person.
Guardianship is the authority conferred to care for a person who, whether due to minority or other reasons, does not have full civil capacity. In this way, the guardian acquires authority and responsibility , in the absence of the parents of the person in question, over the subject and his or her property.
Coming from the Latin tutēla , guardianship is, in general, the direction, defense and protection of one person with respect to another . In education , tutoring is understood as a process of accompaniment during the child's training, which involves personalized attention and which, generally, transcends formal instruction.
Inability to exercise guardianship
Specifically, in addition to everything stated above, it is also established that any person who is of legal age has the capacity to act as legal guardian of another. As long as, of course, there is no type of impediment that establishes this, such as not having the capacity to exercise civil rights or incurring any other cause.
Specifically, among the causes that demonstrate someone's inability to exercise guardianship of another individual are, for example, having been convicted of a crime against the family , being excluded from that "position" directly by the parents of the aforementioned individual. in what is the will, being serving a sentence or not being able to be a guardian for reasons such as illness.
Guardianship grants responsibility for the care of a minor or someone who does not have full civil capacity.
Classification according to type
The dictionary of the Royal Spanish Academy (RAE) mentions different types of guardianship. Dative guardianship is one that is conferred through an appointment by the family council or the judge, and not by testamentary disposition or by law.
Exemplary guardianship , on the other hand, is established to care for the individual and the property of the mentally incapacitated. Other types of guardianship are legitimate guardianship , which is conferred by the call made by law, and testamentary guardianship , which arises from the call made in a will by a person who is authorized to do so.
Generally, guardianship ends upon reaching the age of majority or upon the adoption of the minor, upon the recovery of parental authority of the parent, upon judicial resolution or upon death. At the end of the guardianship, the guardian must report on the administration of assets before a judicial authority.
Guardianship in the Spanish monarchy
In Spain we find that in its 1978 Constitution the figure of guardianship is established in the case of the monarchy . In title II , called Of the Crown , and specifically in its article number 60, it is established that in the event that the king dies and his successor is a minor, the person that the deceased left established in his will will assume guardianship, always and when he is Spanish and of legal age.
However, in the event that nothing has been expressed in said document about said guardianship, the widowed father or mother assumes it. But in the event that this does not exist either, it would be the Cortes Generales that would establish who would occupy said position.