Legal Definitions - legal tutorship

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.