Description
Description
A guardianship may arise by operation of law or be established by the local court.
Guardianship is not a public “service” in the strict sense.
By including guardianship in Book VIII of the Social Code as an “other task,” the responsible agencies are required to maintain staff to administer guardianships.
The administration of a guardianship itself may be entrusted to a specific person, an association, or a youth welfare office. The local court decides to whom the administration of the guardianship is entrusted.
The locally responsible youth welfare office “automatically” becomes the guardian when an unmarried minor mother gives birth to a child. This guardianship ends as soon as the mother reaches the age of majority. The “automatic” guardianship does not apply if the child’s father is of legal age, paternity has been established before the birth, and the parents have submitted a declaration of joint parental responsibility.
The actual administration of guardianship takes place under private law. The persons exercising guardianship largely fulfill the duties that would otherwise have to be carried out by the parents. The actual care of the child is generally entrusted to other persons and/or agencies. A guardian thus represents the person under guardianship in all matters (in which that person cannot decide for themselves).
Examples:
- Opening a savings account
- Permission for surgery
- Changing schools
- Determining the place of residence
If guardianship is administered by a youth welfare office, it is referred to as “official guardianship.” An employee of the youth welfare office is appointed for this purpose. This person carries out the duties associated with guardianship on their own responsibility.
There are additional provisions governing guardianship that, due to their complexity, cannot be described in detail here.