What Does guardianship Mean
The word tutela comes from the Latin tutēla . It is the authority conferred to care for a person who, whether due to a minority or for 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 assets.
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 formation, which implies personalized attention and which, in general, transcends formal instruction.
Specifically, in addition to all the foregoing, it is also established that any person who is of legal age has the capacity to be able to act as the legal guardian of another. As long as, yes, it does not have any type of impediment that establishes it, such as not having the capacity to exercise civil rights or incurring in any other cause.
Specifically, among the causes that demonstrate the inability of someone to exercise the guardianship of another individual are, for example, having been convicted of a crime against the family, being excluded from that "charge" directly by the parents of said individual in what is the will, to be serving a sentence or not being able to be a guardian for reasons such as illness.
The dictionary of the Royal Spanish Academy (RAE) mentions different types of guardianship. The dativa protection is one that is conferred by a designation of the family council or the judge, and not by testamentary disposition or by law.
The exemplary guardianship , on the other hand, is constituted to take care of the individual and the assets of the mentally disabled.
Other types of guardianship are legitimate guardianship , which is conferred from the call made by law, and testamentary guardianship , which arises from the call made in a will by a person who is empowered to do so.
Generally, guardianship ends when the minor is of legal age or when the minor is adopted, by the recovery of the parental authority of the parent, by court order or by death. At the end of the guardianship, the guardian must render an account of the administration of assets before a judicial authority.
In Spain we find the fact that in its Constitution, that of 1978, the figure of guardianship is established in the case of the monarchy. In title II, called De la Corona, 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 established in his will will assume guardianship, always and when I am Spanish and of legal age.
However, in the event that the father or mother who has become a widower had not expressed in said document anything about said guardianship. But in the event that this does not exist either, it would be the Cortes Generales that would establish who will occupy that position.