The tutor who had been appointed to a minor child following the death of their parents has resigned. Should they be replaced? It is in the child's best interest to have their tutor replaced.

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, generally, the exercise of their civil rights.

Any natural person who is capable of fully exercising their civil rights and is fit to fulfill the duty can be a guardian. Therefore, minors, legal entities, except as property guardian if authorized by law (trusts), adults under guardianship, and the father or mother who has had their parental authority revoked cannot be guardians.

When the person designated by the parent refuses guardianship and there is no replacement, or when the current guardian dies or resigns, it is necessary to apply to the court, through a procedure before a notary or by filing a request before the Superior Court, in order to proceed with the replacement of this guardian.

Required documents

• Name and contact information of the minor and their date of birth;
• Name and contact information of the person initiating the proceedings;
• Name and contact information of interested parties, which are determined after discussion with the notary in charge of your file (these can be parents, relatives, and friends);
• A copy of the will or the judgment establishing the guardianship;
• The resignation of the guardian and their final account, if applicable;
• The death certificate of the guardian, issued by the Director of Civil Status, if applicable.