Detailed description
A guardian is a person who makes important decisions for a child when the biological parents are unable to do so for factual or legal reasons. If you, as a foster parent, assume guardianship of your foster child, you are authorized to act independently in key areas – such as medical decisions, school-related matters, or interactions with authorities. This provides you with greater security and reduces the need for coordination, as you no longer need to involve the youth welfare office or the parents in every step. At the same time, a guardian also bears increased responsibility: you are responsible for protecting the child's well-being and fully representing their interests. Despite these extensive powers, you remain under the supervision of the family court and still require its approval for certain legal actions.
Transferring guardianship is generally advisable if it is foreseeable that the child will live with you permanently or at least for a longer period of time.
The transfer of guardianship can be initiated by you as foster parents, by the youth welfare office, or by other persons, such as the child's parents. A formal application procedure is not required.