Detailed description
Parents can name a person as guardian for their children in a will or inheritance contract, or even spouses as guardians.
The person named there may only be bypassed as guardian if
- the order would be contrary to the welfare of the ward
- the ward has reached the age of 14 and objects to the appointment
- the person is prevented from assuming guardianship for legal or factual reasons
- the person has not declared his or her willingness to take over guardianship within four weeks of the family court's request
- or there are certain reasons for exclusion for this person. For example, a person cannot be appointed as a guardian if:
- is legally incapable
- is a minor
- is under supervision
- was excluded by the child's parents
- in an institution where the ward lives, works or is in another closely dependent relationship with the ward.
If one of the above reasons applies, the family court must select another guardian who is suitable to care for the person and property of the ward.
- The family court must take the following aspects into account:
- the will of the ward, his family relationships, his personal ties, his religious beliefs and his cultural background
- the actual or presumed will of the parents
- the living conditions of the ward.