The guardian’s responsibilities are similar to those of parents. They must guarantee food and education to their wards, among other obligations.

“Signature of the father, mother or legal guardian”. When our children are minors, we have to sign a lot of documents or authorizations under that sentence. That is why we know that the signature of the legal guardian has the same validity as that of the parents. But this is not its only mission. The rights and responsibilities of the guardian are regulated in the Civil Code. We will talk about the most important ones in this article.

From this text it can be deduced that legal guardians are the people who are in charge of caring for minors or those who are legally incapacitated . This position is voluntary, but if they accept it, their functions will be supervised by the judicial authority.


At the same time, being a tutor implies responsibilities. This person must be aware that he has to protect and watch over the ward, in addition to providing him with food, training and education . With regard to this last aspect, it is important to emphasize that it is not enough to enroll him in a school and forget about it.

As parents do, the tutor must make sure that he goes to class, that he does his homework, be there for him to study, enroll him in remedial classes if he needs them, attend school meetings, maintain regular contact with teachers etc

You must also manage the assets of the minor or incapacitated person and inform the judge once a year about the situation of your ward.

Therefore, the duties of the legal guardian are similar to those of parental authority . This means that they must even assume civil responsibilities for damages caused to third parties that the wards may commit. This implies the payment of financial compensation, if applicable.


The responsibility of being a legal guardian is enormous, but there are not too many requirements to be able to assume it. In accordance with what the Civil Code says in article 241, guardians can be ” all persons who are in full exercise of their civil rights ” (these must be of legal age) and “legal entities that do not have a lucrative purpose and whose purposes include the protection of minors and the disabled”.

On the other hand, minors or disabled persons, persons with a criminal record or those who have previously had a guardianship or parental authority withdrawn are excluded.

When appointing a legal guardian, the order is as follows:

  1. The spouse who lives with the minor or disabled.
  2. Parents.
  3. The persons designated by the parents in their will.
  4. The descendant, ascendant or sibling indicated by the judge.
  5. When none of the above can exercise guardianship, it will be the judge who appoints the guardian that he considers most appropriate.

This order is established by the Civil Code, but may vary in some autonomous communities.


Given the large number of responsibilities involved in accepting to be someone’s legal guardian, it seems logical to consider taking out insurance to protect those under guardianship. The most common policies are the ones we usually have in all families:

  • A burial insurance that covers the expenses derived from the funeral when a person dies.
  • A life insurance that compensates the beneficiaries when the insured dies.
  • An accident insurance in case the guardian suffers a mishap that prevents him from returning to work. The amount depends on what is stipulated in each policy.
  • A civil liability policy in case the wards, pets or any member of the family cause an accident that entails compensation to third parties.
  • A study insurance to cover expenses related to the education of the wards.

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