For lack of testamentary disposition, the court appointed him a tutor, being the closest relative. Then in the absence of testamentary guardian, opens legitimate of the agnados. Law of the XII tables called as tutor to the agnate nearest, and having several in the degree, all were tutors.
The action of guardianship is the mechanism provided for in article 86 of the Constitution politics of Colombia, seeking to protect the fundamental rights constitutional 34 people; when these are violated or threatened by the action or omission of any public authority or of any private entity ". The action of guardianship may be brought before any judge of the Republic.