What to do if parents of a minor child die in an accident? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Protection of minors > The parents of a minor child are victims of an accident and die. What should you do?

The parents of a minor child are victims of an accident and die. What should you do?

A guardian must be appointed for this child, and a guardianship council, a body composed of family members or friends of the minor, to oversee the guardian’s actions. 

Note that this guardian may be appointed by the last surviving parent through a will or an official declaration. In the absence of such provisions, the guardianship council is responsible for appointing a guardian.

Any person with an interest in the minor’s protection may request the establishment of a guardianship council.

The guardianship council is generally composed of family members or people close to the minor. Its role is to ensure the protection of the minor’s interests by:

  • overseeing the guardian’s administration;
  • advising the guardian in the performance of his or her duties;
  • authorizing, when required by law, certain important acts relating to the administration of the minor’s property;
  • ensuring that the minor’s estate is administered in his or her best interests.

When the guardianship council consists of three members, it must meet at least once a year to review the guardian’s management.

The term of office of the members of the guardianship board begins upon their appointment and ends when the minor reaches the age of majority or when the guardianship terminates in accordance with the law.

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