The designation by a person of one or more persons to perform the duties of curator or guardian in the event that he or she is placed under curatorship or guardianship is binding on the judge, unless the designated person refuses the assignment or is unable to perform it or if the interests of the protected person require that he or she be removed. In the event of difficulty, the judge rules.
The same applies when the parents or the last surviving father and mother, not subject to a curatorship or guardianship measure, who exercise parental authority over their minor child or assume the material and emotional care of their child of full age appoint one or more persons to perform the duties of curator or guardian from the day on which they themselves die or can no longer continue to care for the person concerned.