Detailed description
The court can establish a guardianship for a minor. If parents do not exercise custody due to legal regulations, the guardianship automatically passes to the youth welfare office. This so-called legal official guardianship comes into effect:
- for a child whose parents are not married to each other and who is not under parental care at birth because the mother is not yet of legal age.
- with consent to adoption if neither parent has parental responsibility anymore.
- When a child is born 鈥渋n confidence.鈥�
The court also orders guardianship ex officio if neither the mother nor the father is authorized to legally represent the child.
Examples:
- A parent who is unable or unwilling to adequately look after their child's affairs can be deprived of parental custody. If the other parent is also unwilling or unable to take on the child's interests, a guardianship can be established for the child's interests.
- If both parents die, the child's legal representation must be arranged. In this case, a guardianship is established.
- If a child is left in a baby hatch and the parents are unknown, a guardianship must be established.
- Guardianship must also be established for unaccompanied minor refugees.
A guardian is the legal representative of a minor who takes responsibility for them instead of the parents. Children and young people who are under guardianship are called wards. Since 1992, adults in Germany can no longer be declared incapacitated and placed under guardianship. Instead, the court can order care.
A suitable adult, an association or the local youth welfare office can be appointed as guardian. Suitable relatives, foster parents or volunteers can also take on guardianship. If you would like to take on guardianship on a voluntary basis, please contact the youth welfare office first. The youth welfare office will advise you accordingly. The application can then be submitted in writing to the family court.
Those caring for the child or young person in the home may not become guardians. The parents can specify in their last will and testament who the children should go to in the event of their early death. Otherwise, the guardian is appointed by the responsible family court.
The person who has guardianship represents the child in all legal matters. They are as independent as a parent, but are under the supervision of the court. The well-being and interests of the minor must be the primary focus of all decisions. The person who has guardianship must ensure the "care and upbringing", even if there is no shared household. However, they do not have to take on this task personally. Regular personal contact is mandatory. Important decisions must be agreed upon jointly.
The guardian has the right and the duty to look after the person and the assets of the ward, and in particular to represent the ward. For example, he submits applications to authorities, files lawsuits, grants consent for operations and manages the ward's assets. The guardian also decides where the child lives and which school it attends.
The guardian requires the approval of the family court for numerous legal transactions. He must report regularly to the court and provide evidence of asset management.
A guardianship ends either when the young person reaches the age of majority or when the guardianship is lifted by a court decision.