The parents of a 9-year-old child are divorced. The father of this child is involved in an accident and dies. This child is the sole heir and now possesses assets worth more than $25,000. Can the child's mother, who is also their legal guardian, freely administer and manage the sums received from the child's father's estate without being accountable for her actions? No. She must ensure the formation of a guardianship council for the child and annually report on her administration until the child reaches the age of majority.

A guardianship council is established when the child's father or mother is unable to exercise legal guardianship (presence of a dative guardianship). It must also be established when it is a legal guardianship by the parents, and the value of the assets administered for the minor is over $25,000.

The guardianship council is a body formed by family members or friends of the minor, with the role of supervising, advising, and authorizing the guardian regarding their actions within their functions.

Any interested person can initiate the constitution of a guardianship council.

The council, when formed by three individuals, must meet at least once a year.

The mandate of the members of the guardianship council starts on the date of the appointment judgment and ends when the minor reaches the age of majority.

Required documents

• Name and contact information of the minor and their date of birth;
• Name and contact information of the person initiating the procedures;
• Name and contact information of the father and mother, if applicable;
• Name and contact information of interested parties, which will be determined after discussion with the notary responsible for your file (this includes parents, relatives, and friends);
• The birth certificate, issued by the Director of Civil Status, for the minor child;
• The death certificate, issued by the Director of Civil Status, for the father and mother, if applicable;
• Document confirming that the value of the administered estate is above $25,000.