Can a person be appointed to care for his child after his death?

Verified 11 December 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, you can designate a person of your choice (guardian) to care for your minor child after your death.

The guardian will be responsible for your child until he or she reaches the age of majority.

You can appoint the guardian by will.

You can do it too by a special declaration before a notary. To do this, you must indicate in writing the name of the person chosen and deposit the document with the notary.

At the time of your death, the situation will be different depending on whether you practice alone or in common parental authority of your child:

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Parental authority exercised jointly

Death of a parent

If one parent dies, the other parent automatically becomes legal administrator.

If the parent is afraid of dying before the age of majority of the child, he or she may designate someone (guardian) to deal with it after his death. The person must be designated by will or special declaration before a notary.

Death of parents during the same event

In the event of the death of the parents during the same event, a guardianship is open.

If you had appointed a guardian, the family council must respect this choice, unless it is contrary to the best interests of the child.

However, the designated person is not obliged to accept guardianship. It is therefore preferable to have his agreement before designating it.

Parental authority exercised alone

In the event of death, a guardianship is open.

If you had appointed a guardian, the family council must respect this choice unless it is contrary to the best interests of the child.

However, the designated person is not obliged to accept guardianship. It is therefore preferable to have his agreement before designating it.

Please note

you can also appoint a representative in advance to protect interests personal and/or assets of your minor child.

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