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Revocation of guardianship

Guardianship ends when the reasons for its establishment no longer exist.

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Detailed description

Guardianship ends when the reasons for its establishment no longer exist.
This is the case, for example, if

  • the parents of the ward regain the right to represent their child and the parental authority to care for the child is reinstated. For this to happen, it is sufficient if the parents or one parent regains the authority to legally represent the child, at least in the area of personal care or in the area of care for the child's assets.
  • parental custody was suspended due to the limited legal capacity of one parent. Guardianship ends by law when the minor parent attains full legal capacity, i.e. when he or she reaches the age of majority.
  • the guardianship was ordered because of a marital status that cannot be determined. The guardianship then ends automatically when the marital status is determined. For example, if the parents of an unaccompanied minor refugee travel to Germany.
  • the ward reaches adulthood. If there is a need for help beyond the age of adulthood, care can be arranged.
  • the ward dies.
 

Information

Prerequisites

The reasons for establishing guardianship have ceased to exist.

Documents required

e.g. documents that prove the transfer of parental responsibility back to the parents (court order).
As a rule, guardianship ends by law (e.g. upon reaching the age of majority)

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

no

Procedure

  • In principle, guardianship ends by law when the requirements no longer apply. This also means that the guardian's office ends.
  • Whether the conditions for guardianship have ceased to apply must be determined ex officio by the court.
  • If there is doubt or disagreement as to whether and when the guardianship will end, the family court will issue a ruling determining the end of the guardianship and the date on which it will end.
  • After termination of his or her term of office, the guardian must return the certificate of appointment or the youth welfare office must return the certificate issued.
  • The guardian must release the assets under his administration and all documents to the ward, his heirs or any other authorized person.
  • The guardian only has to prepare a final account of the asset management if the ward, his heirs or another authorized person requests this. The guardian must inform the ward or the authorized person of this right. The latter 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 or the other authorized person of their right.
  • The released guardian does not have to prepare a final account, but only an overview of assets.

Processing time

no

Fees

Court fees are incurred, which only have to be paid if the ward is wealthy.

Legal remedies

Complaint

Legal basis

End of guardianship

, Release of assets, final accounts and continuation of business

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Keywords: End of guardianship Guardianship ends

Last updated: 27.04.2025