Legal Definitions - tutorship

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.