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Duties of the guardian for certain periods

If you have taken on guardianship of a minor, this entails certain responsibilities. The family court supports you as a guardian and advises you on your rights and responsibilities. It also supervises all of your activities.

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Detailed description

If you have taken on guardianship of a minor, this entails certain responsibilities. The family court supports you as a guardian and advises you on your rights and responsibilities. It supervises all of your activities. Your responsibilities include, among other things, preparing certain reports.

1. Initial report

  • If you are a professional guardian, you must prepare an initial report. The initial report should contain the following points:
    • The personal situation of the ward
    • The goals of guardianship
    • Measures already implemented and planned, in particular with regard to establishing the ward’s independence
    • Ward’s wishes regarding guardianship
  • You must attach a list of the ward's assets to the initial report. You must do this even if the guardianship is exempt.
  • The initial report should be sent to the Family Court within three months of your appointment as guardian.

2. Annual Report

  • You must prepare an annual report once a year and submit it to the family court. You must discuss this report and its contents with the ward. The annual report should contain the following points:
    • Nature, extent and reason for personal contact with the ward and the personal impression of this
    • Implementation of the previous objectives of guardianship
    • Description of the measures already implemented and intended, especially those against the will of the ward
    • In the case of a professionally managed guardianship, the notification as to whether this can be managed on a voluntary basis in the future
    • The ward’s view on the above points
  • If you are a released guardian, you must submit an annual statement of assets. This is an overview of the assets of the ward you are managing.
  • If you do not exercise exempt guardianship, you must prepare an accounting of the management of the ward's assets. The accounting should contain:
    • An orderly compilation of income and expenses.
    • Information about the receipt and withdrawal of the assets you manage.
    • supporting documents

3. Final report
After the guardianship ends, you as guardian must prepare a final report. This final report should describe the changes in the ward's personal circumstances that have occurred since the last annual report.

  • In addition, all documents relating to the management of the guardianship should be handed over to the ward or other authorized persons.
  • As a guardian, you must hand over the ward's assets under your administration to that ward or to another authorized person.

4. Final accounting

  • As a guardian, you only have to prepare a final account of the asset management if the ward or another authorized person requests it. You must inform the ward or authorized person of this right. The ward or authorized person then has 6 weeks to inform the family court that the guardian wants a final account. The period begins as soon as the guardian has informed the ward of his right.

In addition, the guardian must, if requested to do so, provide information to the family court at any time about the conduct of the guardianship and about the personal and financial circumstances of the ward.
The guardian must immediately inform the family court of any significant changes in the ward’s personal and financial circumstances.

 

Information

Prerequisites

You have been appointed guardian.

Documents required

ID card or passport.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

As part of your work as a guardian, the family court will inform you of deadlines by which you must prepare certain reports or accounts.


The initial report must be received after the first three months.


You will then be required to submit an annual report on a specific date.


After the guardianship ends, you must prepare a final report.

Procedure

If you have taken on the role of guardian on a voluntary basis, the court will orally commit you to this role at a hearing and instruct you about your duties.

Processing time

The processing of the reports and financial statements you submit varies. The processing time depends on the scope of the audit.





Fees


  • Guardianship is generally provided free of charge.

  • The voluntary guardian may demand an advance payment or reimbursement from the ward for his expenses or, instead, a flat-rate expense allowance.

  • If, in exceptional cases, the guardianship is carried out professionally, the remuneration is determined in accordance with the Guardians and Caregivers Remuneration Act.

Legal remedies

No legal remedy provided.

Legal basis

§§ BGB Reports on the personal circumstances of the ward


§§ BGB Accounting


§§ BGB Information and notification obligations of the guardian


§§ , BGB Asset Inventory


§§ Release of assets and documents, final accounts


§§ , Exempted guardians


§§

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Keywords: Duties of the guardian Guardianship duties Guardianship Lead

Last updated: 27.04.2025