Foundation by which a person is established, the role of guardian or legal representative of minor children without parents and the disabled. It is established that the essence of guardianship is to protect and defend the child from the person and their property, or simply from the property of minors or the disabled. Minors who are estranged from their parents and do not live under parental authority, dependents with parental authority suspended at the end of this, are subject to guardianship, if the custody does not come, and minors who are orphaned.
In the legal regulations of Venezuela there are 3 types of guardianship: Guardianship of prohibitions due to intellectual defect, Guardianship of interdictions due to criminal conviction and Guardianship of children and adolescents.
In conclusion, everything explained is established in addition to any individual who is of age it has the ability to make and act as guardian of another. But that he does not have any kind of obstacle that establishes it, such as not having the capacity for him to exercise civil rights or commit any other fault.
Specifically, among the grounds that demonstrate the inability of a person to take charge of the guardianship of another individual, is having been prosecuted for a crime against the family, being removed from that position directly by the parents of the aforementioned individual in that the will refers to, being consummating a sentence or being incapable of being a guardian for certain reasons, such as illness.
The individuals disqualified from exercising guardianship are:
any person who has a completely de facto disability.
Those who maintain enmity manifested with the minor or disabled.
Those who are suspended or deprived of exercising partial or total parental authority, education and guardianship rights by judicial decision.
Those who were legally removed from the previous guardianship for their poor performance.
Those deprived of liberty for any reason, while in prison cannot take custody of a minor.
Those convicted of any offense that legitimately makes them believe that they will not admit guardianship well.
