Who will take care of them if you're not there? Testamentary Guardianship

Our children are the most valuable thing we have and if you are a mother you have surely wondered, at least once in your life, what would happen to them if both parents were absent. El Federal Civil Code establishes, in its Chapter II (articles 470-481), the possibility of naming a Testamentary Tutor, that is, choosing the person who would take care of them if necessary.

The National Council of Mexican Notaries explains that the best way a mother can provide security is to grant a Testament, in which, before a Notary Public, it is designated who will receive the assets that are in possession; but not only that, if your children are minors, it is possible to name a legal guardian who, in the event that both parents die, will be responsible for representing the children, taking care of their education, food, monitoring that your last will is fulfilled and safeguarding their assets while they reach the age of majority.

El Public Will It is the only legally valid means through which you can freely choose a tutor for your children under 18. This way, if both parents are absent, the children will be left in the care of a person you trust.

In this same procedure, you can also choose a substitute tutor in the event that the chosen person dies or is incapacitated. In addition, you can also choose a Curator, who will be responsible for ensuring that the tutor fulfill your role properly.

In conclusion, the Testament is the only legal way to choose, in advance, what your children will inherit and who will care for them. In it you can decide:

1. Who will inherit your assets.
2. An executor, who will be responsible for delivering your assets to your heirs.
3. To whom you will entrust the care and education of your children: Tutor.
4. Who will ensure that the tutor fulfills his task: Curator.

So if you haven't done it yet, don't take the idea of making a Testament and in doing so, don't forget to think about who would be the ideal person to take care of your children. We hope that they will never miss you, but there is no harm in preventing and choosing a person you trust to leave them in good hands.