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 minor require it to be set aside.
The tutor appointed by the father or mother is not obliged to accept guardianship.