Assume guardianship and guardianship

A guardian is the legal representative of a minor who takes responsibility for the child or adolescent instead of the parents. If the parents are deprived of only part of their legal responsibility, a guardianship is ordered. This representative, who is only responsible for certain matters, is called a supplementary nurse or nurse for short. In Germany, persons of legal age can obtain a legal guardian through a court. Children and adolescents who have a guardian or supplementary caregiver are called wards. The guardian independently represents the child or adolescent in all legal matters and takes care of the care and education. The guardian or supplementary caregiver must always take into account the well-being and interests of the minor and make good decisions. The guardian must have regular personal contact with the child or adolescent and important decisions must be discussed together. A suitable adult person, an association or the local youth welfare office can be appointed as guardian. Likewise, suitable relatives, foster parents or volunteers can take over the guardianship. Caregivers of the child or adolescent in the home may not become guardians. Guardianship or guardianship ends either when the ward reaches the age of majority or by dismissal by the court.

Preconditions
For a minor child or adolescent, the court appoints in particular a guardian or supplementary caregiver: if both parents cannot or do not want to take sufficient care of your child's affairs. In this case, the parents are deprived of part or all of their parental authority. if both parents with custody die or the parental care of the living parent is suspended or the sole custodial parent dies. when a minor has a child. This does not apply in all cases, for example if the recognised father of the child is of legal age and the parents have made a declaration of joint parental responsibility. if the parents cannot be identified, for example in the case of a confidential birth or delivery of a newborn to a baby flap. in the case of suspension of parental care, for example in the event of consent to adoption, legal incapacity, limited legal capacity or because parental care cannot be exercised for a longer period of time due to actual obstacles. after unaccompanied entry and residence of foreign children or adolescents without a responsible adult.

Responsible for the content
MFFJIV

Last update or date of publication
20.09.2019