Take over guardianship and care Unfortunately this specification of service has not yet been completely translated.

A guardian is the legal representative of a minor who takes responsibility for the child or the young person instead of the parents. If the parents are deprived of only part of the legal responsibility, a care is ordered. This representative, who is only responsible for certain matters, is called supplementary nurse or nurse for short. Persons of legal life in Germany can obtain a legal guardian through a court. Children and adolescents who have a guardian or supplementary caregiver are called Mündel. 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 welfare 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 office can be appointed as guardian. Similarly, suitable relatives, foster parents or volunteers can take over guardianship. Caregivers of the child or adolescent in the home must not become guardians. The guardianship or custody ends either at the age of majority of the mündel or by dismissal by the court.

Preconditions
For an underage child or adolescent, the court shall in particular appoint a guardian or supplementary carer: 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 care. if both parents with custody die or the parental custody of the living parent is suspended or the sole custody parent dies. when an underage adolescent has a child. This does not apply in all cases, for example when the recognised father of the child is of legal age and the parents have made a declaration of joint parental custody. if the parents cannot be identified, for example in the case of confidential birth or delivery of a newborn in the case of a baby flap. when parental custody is suspended, for example, in the case of consent to adoption, incapacity for business, limited legal capacity or because, due to actual obstacles, parental custody cannot be exercised for a long period of time. 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