Guardian of property and ad hoc guardian

Procedure for appointing an additional guardian for a minor in special circumstances.

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Under the law, parents of a child under 18 years old are their legal guardians. They are responsible for the physical and material well-being of their child. If, due to an accident or illness, they pass away or become unfit, who will be the guardian of the child?

Guardianship is established in the best interest of the minor; it is intended to ensure the protection of their person, the administration of their assets, and in general, the exercise of their civil rights.

Any capable individual, who is capable of exercising their civil rights and fit to take on the responsibility, can be a guardian. Therefore, minors, legal entities (except as a property guardian if permitted by law, such as trusts), adults under protective care, and a parent who has been deprived of parental authority cannot serve as a guardian.

Property guardian

Guardianship usually extends to both the person and the assets of the minor. However, in certain cases, it may be advantageous to appoint a guardian for the person and one or more guardians for the assets. For example, this might be necessary due to the distance of a property to manage or when the minor's assets are significant and the guardian does not have the necessary experience to handle such a large estate. The guardianship council can, in these circumstances, proceed with the appointment of a property guardian.

Ad hoc guardian

When a minor has interests that need to be discussed in court with their guardian, an ad hoc guardian must be appointed for them, and the guardianship council is obligated to proceed with this appointment.

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 guardian;
  • Name and contact information of the father and mother, if applicable;
  • Name and contact information of interested parties, which are determined after discussion with the notary in charge of your file (these can include relatives and friends);
  • The birth certificate, issued by the Director of Civil Status, of the minor child.
If you need more information on this service, please contact us
514 374-4303
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