Are/Is

• the parents with custody,
• a parent with sole custody, or
• a person acting as guardian

is legally or factually prevented from performing specific duties on behalf of a child you represent, or if they are unable or unwilling to carry out the necessary duties, the local court may establish guardianship for specific areas of responsibility. Some examples are listed below:

• Personal Care
• Management of assets
• Health care
• Right to determine residence
• Representation in criminal proceedings

Guardianship is not a public “service” in the strict sense of the term.
By including guardianship in Book VIII of the Social Code as “other duties,” the responsible agencies are required to maintain staff to administer guardianships.

The administration of guardianship itself may be entrusted to a specific individual, an association, or a youth welfare office. The local court decides to whom the administration of guardianship is entrusted.

The actual administration of guardianship takes place under private law. The individuals administering the guardianship perform, within their area of responsibility, all duties that would otherwise have to be carried out by the parents.

If a guardianship is administered by a youth welfare office, an employee of that office is assigned to the case. This person carries out the duties associated with the guardianship on their own responsibility.

There are further provisions governing guardianship that, due to their complexity, cannot be described in detail here.