Guardianship Duties General Information

If you become a guardian, you will have certain responsibilities. Learn more here.

Detailed description

If you have assumed guardianship of a minor, this entails certain obligations. These include, among other things, the preparation of specific reports.



Initial report


If you are a professional guardian, you are required to prepare an initial report. The initial report should include the following points in particular:

  • Personal situation of the ward
  • Objectives of guardianship
  • Measures already implemented and planned, in particular to promote the ward's independence
  • Ward's wishes regarding guardianship
  • Asset inventory

Annual Report


You must submit an annual report once a year. You must discuss the content of the annual report with your ward. The annual report should include the following points in particular:

  • Type, scope and occasion of personal contacts with the ward
  • personal impression of the ward
  • Implementation of the previous goals of the guardianship
  • Description of measures already implemented and planned, in particular those against the will of the ward.
  • In the case of a professionally managed guardianship, notification as to whether it can be managed on a voluntary basis in the future.
  • The ward's perspective on the above-mentioned points

If you are an exempt guardian, you must submit an overview of the assets of the ward you are managing once a year.



In the case of a non-exempt guardianship, you must instead prepare an accounting. This should list all income and expenses, as well as all additions and removals of assets, and include the corresponding supporting documents.



Final report


When the guardianship ends, you must submit a final report. This report should describe all changes in the ward's personal circumstances since the last annual report. You must also hand over all documents relating to the guardianship, as well as any assets of the ward that you managed, to the ward or any other beneficiaries.



Final invoice


If the ward or other authorized person requests it, you must submit a final accounting of the asset management. You must inform the ward or authorized person of this right. They then have six weeks to notify the family court that they request a final accounting from the guardian. This period begins as soon as the guardian has informed the ward of their right.



If the court requests it, you must also provide information about your guardianship and the ward's personal and financial circumstances at any other time. You must immediately notify the court of any significant changes in your ward's personal and financial circumstances.

 

Information

Prerequisites

They have been appointed as guardian(s).

Documents required

Identity card or passport

Please note

The local court does not provide legal advice. Please contact a qualified professional, such as a lawyer or notary public.


If you have limited financial resources, you can obtain advice from the Public Legal Information Office (ÖRA).

Deadlines

You must submit the initial report after the first 3 months of your guardianship.


After that, you will be required to submit an annual report by a specific date.


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

Procedure

You must submit all reports independently and on time. If you are assuming guardianship on a voluntary basis, the court will inform you of your duties at your appointment hearing. In the case of professional guardianship, it is assumed that you are aware of your duties.

Processing time

The processing of your submitted reports and financial statements varies. The processing time depends on the scope of the review.

Fees

Guardianship is generally unpaid. However, if you are acting as a volunteer guardian, you can request an advance payment or reimbursement for your expenses, or alternatively, claim a flat-rate expense allowance. If the guardianship is carried out professionally, your remuneration is governed by the Guardianship and Care Remuneration Act.

Legal remedies

No legal remedy provided.

Legal basis

Sections 1801 - 1802 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1801.html


Section 1835 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1835.html


Section 1859 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1859.html


Section 1861 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1861.html


Sections 1863 - 1865 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1863.html


Section 1872 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1872.html

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Keywords: Duties of the guardian Guardianship duties Guardianship Lead

Last updated: 17.07.2026