Official guardianships

Official guardianships

If the parents are prevented for legal or factual reasons from representing the personal or financial affairs of their children, the youth welfare office takes on the tasks of a guardian. Official guardianship serves to protect minors. At the same time, it is an expression of the state guardianship enshrined in Article 6 Para. 2 of the Basic Law.

In principle, the official guardian has the same duties as the parents: he or she must look after the person and assets of the minor (the ward). The youth welfare office delegates the performance of these tasks to its employees. A distinction must be made between statutory and appointed official guardianships.

Official guardianship is subject to judicial supervision. The official guardian must regularly report to the competent court on the personal and financial circumstances of their wards.

Legal guardianship

Legal guardianship comes into effect immediately "by law" without the need for a court order or appointment. The main case of legal guardianship in practice is the birth of a child to unmarried parents if the mother is still a minor and therefore only has limited legal capacity.

There is also statutory guardianship in adoption proceedings.

Appointed official guardianship

The appointed official guardianship is established by an order of the family court. It comes into consideration, for example, if parental custody is withdrawn or suspended. The appointed official guardian assumes personal and financial custody of the ward and thus becomes the child's "advocate".

Supplementary guardianship

In the case of supplementary guardianship, only parts of parental care are transferred to the youth welfare office, for example the right to determine where the child lives or health or property care. The supplementary guardian therefore only legally represents the minor in the areas assigned to them. The other elements of parental custody remain with the parents.