GUARDIANSHIP PLANNING · PANAMA
Plan who could care for your children.
If your children live in Panama and your family spans more than one country, a name in a document is only part of the plan. Get English-speaking legal support to review your proposed guardian, document your wishes and understand the steps required.
01
Review your family situation
Explain who currently has parental responsibility, where your children live and what arrangements already exist.
02
Assess your proposed guardian
Discuss willingness, residence, eligibility and practical availability before relying on your preferred person.
03
Coordinate the documents
Align your wishes with your will and existing family arrangements. Keep a clear record of contacts and document locations.
A parental nomination is not an automatic appointment
Panama’s Family Code provides for guardianship (tutela) through a will, by law or by judicial appointment. Article 396 allows parents to nominate a guardian in a will. Article 395 requires registration of the appointment before the guardian can perform the role.
A standalone “guardianship declaration” should therefore not be presented as a guarantee that your chosen person automatically takes over or that court involvement is avoided. Existing parental rights, legal eligibility and the child’s interests must be considered.
This service focuses on advance planning for minor children. Arrangements for an adult who needs decision-making support require a separate assessment.
An important issue for international families
Article 415(9) of the Family Code lists foreign nationals who do not reside in Panama among those ineligible to act as guardians. A relative living abroad cannot simply be assumed eligible. Have the proposed person’s nationality, residence and circumstances assessed before finalising your plan.
Bring any foreign wills, custody orders or existing nominations to the review. If your preferred long-term arrangement involves another country, identify that country early and coordinate advice there. Discuss temporary practical care separately from permanent legal arrangements.
How we help
- Initial review: discuss the children’s circumstances, existing documents and your priorities.
- Candidate assessment: identify questions about your preferred guardian and alternatives, including residence and willingness to act.
- Document planning: agree what should be recorded in a will and what supporting instructions are useful.
- Implementation: confirm signing requirements, document storage and any further legal steps relevant to your circumstances.
Scope, fees and timing: request an individual quotation. Confirm whether the engagement covers advice, drafting and execution only, or also any court or registration work. Notarial, translation and other third-party costs should be identified separately.
Prepare for your consultation
- Where your children and their parents live, and the countries connected with your family.
- Existing wills, guardianship nominations and relevant court orders.
- Your proposed guardian’s relationship to the children, nationality and country of residence.
- Alternative contacts and practical concerns about schooling, language, care and financial support.
Begin your enquiry with a brief description of the help needed. Ask how to provide confidential family documents securely; do not include children’s identity documents in the initial website message.
Coordinate this work with your last will and testament. For the wider picture, see wills and personal planning in Panama. Your own advance healthcare directive addresses a different need.
Questions about guardianship planning
Trust and willingness matter, but they do not establish legal eligibility. Discuss the person’s residence and circumstances before relying on a nomination.
Do not rely on that assumption. Recording a preference and completing the legal steps for guardianship are different matters. Ask which formalities and proceedings apply to your family.
No. A power of attorney concerns authority for specified acts. It should not be treated as a shortcut to appointing a legal guardian for a child.
Bring the complete document to the consultation. The review should consider its scope and how it fits with your family’s arrangements in Panama. Avoid signing a second document without checking for conflicts.
Review it after a move, a change in family circumstances or a change in your proposed guardian’s availability. Discuss alternatives and confirm how any revised wishes must be documented.
Discuss your family’s arrangements
Panamanian legal services are provided by Karen Dorcy, Abogada (Republic of Panama), Idoneidad No. 10179. Start with a review of your family’s circumstances and the documents you already have.
Legal reference: Panama’s Family Code, particularly Articles 394–396 and 415. General information; individual legal advice is required for your family’s circumstances. Updated 25 October 2026.