Detailed description
As a court-appointed guardian, you have an important responsibility. You are entitled and obliged to look after the person and assets of your ward and to represent him or her legally.
For certain legal transactions that you undertake on behalf of your ward, you require the approval of the family court.
Examples of such legal transactions:
- purchase, sale of a property
- encumbrance of a property, such as a mortgage
- Disposition of an inheritance or the future legal share of the inheritance
- disposal of the entire assets of the ward
- renunciation of an inheritance or legacy
- conclusion of an inheritance division agreement
- Establishment, purchase, sale or dissolution of a business
- Disposition of claims or rights through which the ward would receive money, for example to assign a claim
- Conclusion of rental or lease agreements that continue for more than one year after the ward reaches the age of majority
- Conclusion of training contracts with a duration of more than one year
- taking out a loan
- entering into a guarantee
- Settlement if the value in dispute exceeds €6,000 (exception: court settlements in written or recorded form)
This list is not exhaustive. If you are unsure, please contact the relevant authority.
If you, as a guardian, enter into a contract without the necessary approval from the family court, this contract is initially invalid. It only becomes valid if the family court subsequently grants approval. However, some legal transactions cannot be subsequently approved at all. Unilateral legal transactions that are carried out without approval are invalid in any case.