If I die, who will take care of my children? Can I choose?

This week, in the Família por Direito segment, partner Stéfanie Luz, head of the Family and Succession Law Department, and trainee lawyer Mariana Souto Simões explain who can take responsibility for minor children in the event of the parents’ death and whether it is possible to choose that person in advance.
Articles 18/11/2025

To ensure that children are entrusted to a trustworthy person in the event of the death of their parents, Portuguese law provides for the institution of guardianship. Parents may, by will, authentic or authenticated document, appoint a guardian responsible for the care of the child, generally until the child reaches the age of 18. In the absence of an appointment, and in the event of the death of both parents, it is up to the court to appoint the guardian.

It is possible to appoint one or more people as guardians, and in principle, all individuals of legal age who are not legally prevented from doing so are eligible.

The guardian assumes parental responsibilities, exercising them as if they were the child’s parent.

It is also possible to appoint guardians to administer the assets of minors from a patrimonial perspective.

For more information or specialised support, click here to schedule a meeting with one of our professionals.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

Authors

Practice Areas

  • Family and Inheritance

Share

  Schedule