Any person may, in an act or will, designate and appoint before a notary the tutor he wishes to supervise his person and property in the event of loss of mental capacity. You can also decide who you don`t want as your tutor. For the purposes of this appointment, however, it should be noted that, in determining the specific person who will assume guardianship of this minor, the judge is bound by the appointment, if any, made by the minor`s parent(s), either in a will (in the event of death) or in a public document appointing a guardian (institution currently being analysed). in the event of death without a will (or with a will without such a provision) or in the event of a neurodegenerative disease or traumatic accident that affects the parent`s natural ability to understand and love the parent and, consequently, his or her capacity to exercise parental authority over the child. Article 213 For the appointment of the guardian is preferred: 1º To the person or persons named by the parents in a will or a notarial public act. 2º To the ascendants or members of the social line designated by the judicial authority. Exceptionally, a reasoned decision may change the order of the preceding paragraph or waive all the persons referred to therein if the best interests of the minor so require. Integration into the family life of the guardian is considered beneficial for the minor. Similarly, the law allows self-guardianship or self-appointment of a guardian in anticipation of incapacity for judicial work in the future, for example in the case of degenerative diseases such as Alzheimer`s disease.
Incapacity proceedings may be initiated by the relatives of the alleged disabled person, and the Civil Code establishes a preferential order for the appointment of a guardian if the person concerned has not been previously appointed. Because yes, in tutorship, it is possible that the person you want to neutralize (if he is of age and anticipates that he may be unable to work) can appoint the person who is his guardian in an act of self-guardianship. Finally, the testamentary tutorship of the incapacitated major may also be granted by open public will. In this case, the ascendant exercising parental authority over a prohibitable child has the right to appoint a guardian by will. Protective guardianship is granted by a competent person before a notary. Through this instrument, the person appoints a guardian to take care of his person and his inheritance if he or she is in cases of physical or mental disability that were previously linked. In all these cases, the tutor must, within three months of leaving office, submit to the judge the general statement of reasons for his administration. Parents may appoint a guardian in a will or notarial public deed, establish guardianship supervisory bodies that designate persons to integrate, or order the disposition of the person or property of their minor or incapable children. For example, the appointment of a guardian is common for married couples or young couples who want to anticipate who will care for the children in both cases (for example, due to a traffic accident or other eventuality). In accordance with the new legal system that will exist in our legal system after the entry into force of Law 8/2021, he will no longer be subject to the guardianship established, if necessary, on the basis of the designation established in this instrument of appointment of the guardian, but, if necessary, to one of the support or support measures provided for in the new regulations (see guardianship or de facto seizure in general civil law or assistance in the field of Catalan civil law). Regarding today`s question, a few days ago I started writing a short entry about the appointment of guardians by parents and the vital statistics office, but the article was extended to me and I decided to publish it as a contribution so that it would be commented on by more people and we could draw better conclusions. This is what has my tendency to disclosure (no advice, as I suggest for a few days of clarification at the beginning of my posts).
It is precisely through the act of protective guardianship that the legislator has created an instrument by which capable persons can change the legally established order of legal guardians and the settlor can decide who is the person best able to take possession of his person and property.
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