When children need guardianship
As long as children are under the age of majority, there must be someone who takes responsibility for them. Normally, this is the task of the parents, but sometimes they cannot, may not or do not want to take on this task. In such cases, the court will appoint another adult to take on this task. This is then the guardian. The person entrusted with guardianship is the legal representative of the child or young person and is responsible for their welfare. If only part of the parental responsibility / parental care is taken away from the parents, this is referred to as guardianship. A guardianship can include different parts of parental care, e.g. personal care, property care, health care, right of residence, etc.
In principle, guardians are appointed by the family court. An exception to this is statutory official guardianship. When a child is born to a minor mother, the youth welfare office becomes the legal guardian by law, as minors only have limited legal capacity. This means that the youth welfare office takes care of all formalities. In addition to the official guardian, the mother is entitled to personal care for the child. However, she is not entitled to legally represent the child.
The guardians of the Youth and School Department are contact persons for the minors concerned, their parents, care teachers in the facilities, foster parents, courts, associations, schools, social services and other institutions and persons who are in contact with the minors.
The guardian...
- is the legal representative for children and young people and looks after their interests.
- takes care of the health of minors.
- maintains regular personal contact with the minors.
- decides where to live and chooses a kindergarten, school or training center.
- defines the educational goals with the minors and their caregivers and supervises their implementation.
- selects the necessary educational support and applies for it.
- manages the assets of children and young people who are under guardianship/custody, settles their inheritance matters and claims social benefits.
- represents them in court proceedings and ensures that they are heard and involved appropriately.
- accompanies underage mothers as the legal guardian of their children and supports them in matters relating to the upbringing and care of their children and in dealing with official matters.