Amendment status not verified — confirm the current text below against the official source.
Those who are so poor that they cannot take charge of the guardianship or pro-guardianship, without great detriment to themselves. For procedural instances see also Arts.1440 & 967 of Portuguese Civil Procedure Code of 1939. Article 228 – Exemption of the persons who are not relatives – Persons who are not related to the minor shall not be forced to accept guardianship, so long as there are relatives in the jurisdiction who can exercise it. Article 229 – When the exemption should be sought –The excuse shall not be accepted if the guardian or the pro-guardian do not present it at the session in which they are appointed, if they were present, and, if they were not present, at the latest six days after they were informed of the appointment. § Sole paragraph – If the causes of the excuse arise after the appointment, the excuse must be requested at the latest thirty days after the person requesting it became aware of the said causes: after this time they shall not be entertained. Article 230 – When the ground for exemption cease to exist – Those excused from the guardianship or pro-guardianship may be compelled to accept it, if the reason for the excuse has ceased. 54 Article 231 – Consequences of rejection of the appeal – If the family council decides not to excuse the guardian or pro-guardian already exercising their functions, and these appeal from the decision, they shall be obliged to continue to exercise their functions until the appeal is decided. If they fail to continue to exercise their functions, the family council shall appoint a substitute, the party at fault being liable for the substitute’s management, unless the appeal is successful. For procedural instances see Art.1440 of Portuguese Civil Procedure Code of 1939. Article 232 – Effects of exemption – A testamentary guardian who excuses himself, or is removed due to bad management, loses the right to what has been left to him/her in the will, unless the testator stipulates otherwise. Article 233 – Exemption by members of family council – The provisions of numbers 7 and 8 of article 227 and of articles 228 and 229 and its paragraph shall apply to the exemption of members of the family council. For procedural instances see Art.1440 of Portuguese Civil Procedure Code of 1939. SECTION X PERSONS WHO SHALL NOT BE GUARDIANS, PROGUARDIANS OR MEMBERS OF THE FAMILY COUNCIL Article 234 – Persons who are barred of being guardians, pro-guardians, or members of the council – The following persons shall not be guardians, pro-guardians or members of the family council: