HopefullyInLawSchool
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Simple English definitions for legal terms
legal tutorship
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A quick definition of legal tutorship:
Legal tutorship is when someone has the power to take care of another person who cannot take care of themselves. There are four types of tutorship: tutorship by nature, tutorship by will, tutorship by the effect of the law, and tutorship by judicial appointment. Dative tutorship is when a court appoints someone to be a tutor, while legal tutorship is given by law and does not require court approval. For example, a spouse automatically has legal tutorship of their incompetent spouse. Tutorship by will is created by a parent's will or declaration before a notary and two witnesses.
A more thorough explanation:
Legal tutorship is a term used in civil law to refer to the power and responsibility of a tutor to take care of someone who cannot care for themselves. There are four types of tutorship:
- Tutorship by nature: This is when a surviving parent has the legal right to take care of their minor child.
- Tutorship by will: This is when a parent creates a tutorship in their will or by declaration before a notary and two witnesses.
- Tutorship by the effect of the law: This is when a person has legal tutorship by statute, such as a spouse having legal tutorship of their incompetent spouse.
- Tutorship by judicial appointment: This is when a court appoints a tutor, usually on the advice of the family.
For example, if a parent dies and their will designates a tutor for their minor child, that tutor would have legal tutorship by will. If a court appoints a tutor for a person who cannot care for themselves, that tutor would have tutorship by judicial appointment.