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Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
A guardian is the legal representative of a minor ward. Since 1992, adults in Germany can no longer be incapacitated and placed under guardianship. Instead, the court can order guardianship.
A guardian is appointed by the court for a minor child,
- if both parents are unable or unwilling to take sufficient care of their child's affairs. In this case, parental custody would be withdrawn from the parents.
- if both custodial parents die or, if only one parent is custodial, if that parent dies.
- if it cannot be determined who the parents of a child are.
A specific person, an association or the local youth welfare office can be appointed as guardian. In the event of premature death, the parents can specify in their last will to whom the children should go. Otherwise, the guardian is appointed by the competent family court.
The guardian has the right and duty to take care of the ward's person and assets, in particular to represent the ward. For example, he or she submits applications to authorities, files lawsuits, gives consent for operations and manages the ward's assets. The guardian also decides where the child lives and which school it attends.
The guardian requires the approval of the guardianship court for numerous legal acts. The guardian must report regularly to the court and provide evidence of asset management.
Who should I contact?
To the district or independent city (youth welfare office).
§§ 1773 ff. German Civil Code.
What else should I know?
Information on child and youth welfare facilities and the youth welfare offices in Schleswig-Holstein can also be found on the Schleswig-Holstein state government website.
The text was automatically translated based on the German content.