Under the law, parents of a child under the age of 18 are their legal guardians. They are responsible for the physical and material well-being of their child. If, as a result of an accident or illness, the parents of a minor child die or become incapacitated, who will take care of the child's well-being? A datif guardian must then be appointed for the child.
Dative guardianship is intended to appoint a guardian for a minor when their father and mother are unable, due to their death or incapacity, to exercise legal guardianship.
Guardianship is established in the best interest of the minor and is intended to ensure the protection of their person, the administration of their assets, and the exercise of their civil rights.
The father or mother can appoint a datif guardian for their minor child through a will, a mandate given in anticipation of their incapacity, or a declaration to that effect sent to the Public Curator.
Any capable individual who is of full age and able to assume the responsibility can be a guardian. Therefore, minors, legal entities (except as guardians of property if authorized by law, such as trusts), adults under guardianship, and parents who have been deprived of parental authority cannot be guardians.
When it is necessary to appoint a guardian or in case of a dispute over the choice of a guardian appointed by the father and mother, one must apply to the court, either through a procedure before a notary or by demand before the Superior Court, in order to appoint a guardian for a minor child.