Applying for guardianship after temporary incapacity

You were supposed to become the guardian of a child, but were initially unable to do so? Here you can find out how you can still obtain guardianship after your inability to do so has ceased.

Detailed description

Parents can name a person as guardian for their children in a will or inheritance contract. If you have been appointed as guardian but are unable to assume the role when needed, the court will initially appoint another suitable person.



If your reasons for being unable to act have since ceased to exist, you can apply to the court to be appointed as guardian in place of the previous person.

 

Information

Prerequisites

  • The reasons that prevented you from becoming guardian no longer apply.
  • The dismissal of the person previously appointed as guardian does not contradict the child's welfare.
  • In the event that the child is already 14 years old: The child does not object to the dismissal of the person previously appointed as guardian.

Documents required

Will or inheritance contract in which you are named as guardian.

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 your application within 6 months of the appointment of the previous guardian.

Procedure

  • You submit your application along with any necessary supporting documents.
  • The responsible authority will review your application.
  • If there are no grounds against your guardianship, the court will set a date for your appointment and to inform you of your duties.
  • You will receive your order confirmation.

Processing time

The processing time depends on the course of the procedure and is usually a few weeks.

Fees

The child bears the costs of the guardianship proceedings at the family court. Fees are only incurred if the child has sufficient assets (EUR 25,000 after deducting debts). If legal representation is necessary, you must initially pay these costs yourself. Under certain conditions, you can apply for legal aid.

Legal remedies

Complaint

Legal basis

Section 1783 Paragraph 2 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1783.html

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Keywords: guardian ignored guardian after impediment False Guardian Named

Last updated: 13.02.2026