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Book 4 · Family law  ›  Subtitle 1 · Creation of guardianship › Section 1786

Right to refuse

(1) The assumption of the guardianship may be refused by the following:

1.  a parent who principally cares for two or more children who are not yet of school age or satisfactorily demonstrates that the care for the family for which they are responsible permanently makes the exercise of the office particularly difficult,

2.  a person who has reached the age of 60,

3.  a person who has the care for the person or the assets of more than three minor children,

4.  a person who as the result of illness or of infirmity is prevented from conducting the guardianship properly,

5.  a person who, because of the distance of their residence from the seat of the family court, cannot conduct the guardianship without particular inconvenience,

6.  (repealed)

7.  a person who is to be appointed to conduct the guardianship jointly with another person,

8.  a person who conducts more than one guardianship, custodianship or curatorship; the guardianship or curatorship of more than one sibling is regarded as only one; conducting two supervisory guardianships is equivalent to conducting one guardianship.

(2) The right to refuse expires if it is not asserted to the family court before the appointment.

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