The word guardianship It comes from the Latin guardianship. This is the authority conferred to take care of a person that, whether by minority or other causes, does not have full civil capacity. In this way, the tutor acquires authority and responsibility , in the absence of the parents of the person in question, about the subject and his property.
Guardianship is, in general, the address, the defense and protection of one person with respect to another . In the education , the tutorial It is understood as an accompaniment process during the child's training, which implies personalized attention and that generally transcends formal instruction.
Specifically, in addition to all of the above, it is also established that every person who is of legal age has the capacity to be able to act as legal guardian of another. As long as, yes, do not have any kind of impediment that establishes it, such as not having the capacity to exercise civil rights or incurring 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, be serving a sentence or not being able to be a guardian for causes such as illness.
The dictionary of the Royal Spanish Academy (RAE) mention different types of guardianship. The dative guardianship it is that which is conferred through a designation of the family council or the judge, and not by testamentary disposition or by law.
The exemplary guardianship On the other hand, it is constituted to take care of the individual and the assets of the mentally handicapped.
Other types of guardianship are the legitimate guardianship , which is conferred from the call made by the law, and the testamentary guardianship , which arises from the call made in a will by a person who is empowered to do so.
In general, the guardianship ends by the age of majority or by the adoption of the minor, by the recovery of parental authority, by judicial resolution or by death. At the end of the guardianship, the tutor must account of the administration of goods 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 that the deceased left established in his will will assume the guardianship, always and when I am Spanish and of legal age.
However, in the event that there was nothing expressed in said document about said guardianship, the father or mother who has been widowed. But in the event that this does not exist either, it would be the General Courts that would establish who will occupy said position.