Detailed description
A guardian is a person or body that makes all important decisions for a child when the parents are unable or unwilling to do so.
The guardian represents the child legally, for example, before authorities or in court, and decides where the child lives and which school they attend. The guardian is also responsible for the child's care and upbringing, maintains regular contact, and manages their money and personal belongings. They coordinate important decisions with other involved parties whenever possible and obtain approval from the family court for certain actions.
Parents can name a guardian for their children in a will or inheritance contract. In principle, any suitable adult (for example, relatives, foster parents, or volunteers), an association, or the local youth welfare office can be appointed as guardian. The court decides who or which entity is actually suitable.
If the person designated by the parents as guardian is unable to assume guardianship for certain reasons, the family court selects another suitable person.
If the person appointed by the parents as guardian is only temporarily prevented from fulfilling their duties, for example due to illness or a stay abroad, the court will appoint another person. If the reasons for the impediment later cease to exist, the originally appointed person can apply to the court to be reinstated as guardian.
If the parents of a child are unable to exercise parental rights due to legal regulations, the youth welfare office is granted guardianship.
This is usually the case when
- the mother of the child is a minor at the time of birth
- the parents have consented to an adoption
- the child was born confidentially.
The court also appoints a guardian if neither the mother nor the father of a child is entitled to legally represent the child. This is the case, for example, if both parents...
- do not want to or wish to take care of the child's affairs.
- custody was revoked.
- have died.
- are unknown because the child was left in a baby hatch.
Guardianship must also be established for unaccompanied minor refugees.
Guardianship ends either when the young person reaches the age of majority or when the guardianship is revoked by a court decision.