Establishment of guardianship and guardianship

For a minor, the court may establish a guardianship or supplementary guardianship. In some cases, guardianship is automatic. A few examples can illustrate this:

• A parent who is unable or unwilling to take sufficient care of their child's affairs may be deprived of part or all of their parental authority. If the other parent is also unwilling or unable to take over the interests of the child, a guardianship can be set up for individual tasks or a guardianship for all matters of the child.
• If both parents die, the legal representation of the child must be arranged. In this case, a guardianship is established.
• If a minor has a child, in most cases an official guardianship of the child led by the Youth Welfare Office automatically takes place.
• If a child is born "confidentially", the child is automatically placed under official guardianship by the Youth Welfare Office.
• If a child is placed in a baby hatch, the parents are not known. In this case, a guardianship must be established.

A guardian is the legal representative of a minor who assumes responsibility for the minor in lieu of the parents. If the parents are unable to assume only part of the legal responsibility, a guardianship is ordered. This representative, who is only responsible for certain matters, is called a supplementary caregiver or nurse for short. Children and adolescents for whom there is a guardianship or guardianship are called wards or foster children.

A guardianship or guardianship can be assigned to a suitable adult, for example relatives, foster parents or volunteers, but also to an association (or the local youth welfare office). Persons who care for a minor in an institution, e.g. a home, cannot be granted guardianship of this young person.

A guardianship or guardianship ends either when the young person reaches the age of majority or when the guardianship or guardianship is terminated by a court decision.

The person in charge of the guardianship represents the child or young person in all legal matters. She is as independent as a parent, but is under the supervision of the court. The well-being and interests of the minor must be at the forefront of all decisions. The person in charge of the guardianship must ensure the "care and upbringing" even if there is no common household. However, she does not have to take on this task personally. Regular personal contact is mandatory. Important decisions must be discussed together.

The person who manages a guardianship is exclusively responsible for one or more specifically specified areas of responsibility. This can be, for example, (but not only) the right to determine residence, the submission of applications for educational assistance or health care. A guardianship, like a guardianship, is conducted independently of instructions. Here, too, the well-being of the minor must be at the forefront of all decisions.

For persons of legal age who are not in a position to fully exercise their rights or to exercise or take responsibility for their business, supervision can be set up for the respective deficient area of responsibility. In this case, the competent court will appoint a guardian. Care for adults is not dealt with further here.