Paragraph 3: The tutor

The individual right to choose a guardian, whether related to the minor or not, belongs only to the last surviving father and mother if he or she has retained, on the day of death, the exercise of parental authority. This appointment may only be made in the form of a will or a special declaration before a notary. It is binding on the family council unless the interests of the…

If there is no testamentary guardian or if the guardian appointed as such ceases to hold office, the family council appoints a guardian for the minor.

The family council may, in consideration of the minor’s situation, the abilities of the persons concerned and the extent of the assets to be administered, appoint several tutors to jointly exercise the protective measure. Each tutor is deemed, with regard to third parties, to have received from the others the power to perform alone those acts for which a tutor would require no authorisation. The family council may decide that…

The guardian is appointed for the duration of the guardianship.

Guardianship is a personal charge. It does not pass to the guardian’s heirs.

The tutor takes care of the minor’s person and represents him in all acts of civil life, except in cases in which the law or custom authorises the minor to act himself. He represents the minor in court. However, he may only act, as plaintiff or defendant, to assert extrapatrimonial rights with the authorisation or on the injunction of the family council. The latter may also order the tutor to…

The property or rights of a minor may not be transferred to a trust.