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supplementary caregiver appointment

An additional guardian is appointed if the parents or guardian are actually or legally prevented from taking care of certain matters.

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Detailed description

Supplementary guardianship is the judicial transfer of part of the parental care for a minor to another person, namely the so-called supplementary guardian. The rights and duties of the supplementary guardian are limited to these parts of the personal care or the care of the property when appointed.
The guardian is appointed by the family court at the respective local court.

 

Information

Prerequisites

A guardianship is not a service that is actually applied for. It is established when the local court becomes aware that a guardianship is necessary.

This may be the case, among other things, if

  • parents with custody point out that they are overwhelmed by a situation,
  • an authority indicates that guardianship appears necessary,
  • it is determined in court proceedings that guardianship must be established.

A carer is appointed if the child is under parental care or guardianship, but the parents or guardian are or are prevented from taking care of certain matters for factual or legal reasons.

Documents required

No documents are required.

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

There are no deadlines to be observed.

Procedure

  • The local court will appoint a suitable person as additional guardian by order if it becomes known that guardianship is necessary.
  • The local court decides who will be given responsibility for the guardianship.
  • The certificate of appointment defines the area of responsibility of the supplementary guardian.

Processing time

The appointment of an additional guardian will take place promptly.

Fees

The decision on supplementary guardianship will determine who will bear the costs of the proceedings and the guardianship. The decision depends on the reason for and content of the supplementary guardianship.


If the parties consider legal representation to be necessary, the costs of this representation must of course be borne. If necessary, it is possible to apply for legal aid.

Legal remedies

Complaint

Legal basis




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Keywords: conflict of interest between child and parents in the process Exclusion of parents from child representation Parents cannot represent child

Last updated: 27.04.2025