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Simple English definitions for legal terms
tutorship
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A quick definition of tutorship:
Tutorship is when someone takes 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.
- Tutorship by nature is when a surviving parent takes care of their minor child.
- Tutorship by will is when a parent creates a tutorship in their will or by a declaration before a notary and two witnesses.
- Tutorship by the effect of the law is when someone has legal tutorship because of a statute, like a spouse taking care of their incompetent spouse.
- Tutorship by judicial appointment is when a court appoints someone to take care of another person.
A more thorough explanation:
Tutorship is a legal term that refers to the power and responsibility of taking care of someone who cannot take care of 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 a declaration before a notary and two witnesses.
- Tutorship by the effect of the law: This is when a legal statute grants someone the power of tutorship without requiring court or family approval. For example, a spouse has the legal tutorship of their incompetent spouse.
- Tutorship by judicial appointment: This is when a court appoints someone as a tutor, usually on the advice of the family.
If parents have joint custody, they both have equal authority, privileges, and responsibilities.
For example, if a parent dies and leaves a will appointing their sibling as the tutor of their minor child, the sibling has the legal power to take care of the child.