Guardianship: when parents can no longer provide care

When parents die or cannot permanently exercise parental care, a minor child needs someone to provide for and represent it. That is what guardianship is for.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Clarify the question →

Your chances of getting your money back

A guardianship is set up for a minor child when no parent can exercise parental care, for example on the death of the parents or on withdrawal of custody. The family court appoints a guardian who takes over legal representation and care.

As a guardian, a suitable individual (often from the child's environment), an association or the youth welfare office may come into consideration. Parents can propose in a custody directive who should become guardian; the court takes this into account. Guardianship concerns minors; for adults there is instead legal adult guardianship.

What you should do now

1
1. Clarify the need
Can the parents really no longer exercise care? Then guardianship comes into consideration.
2
2. Family court/youth welfare office
The family court decides; the youth welfare office is involved and advises.
3
3. Propose a preferred guardian
A suitable person from the environment can be proposed (also via the parents' custody directive).
4
4. Make provision
Parents can, with a custody directive, determine themselves who should become guardian in an emergency.

Frequently asked questions

When is a guardianship set up?

For a minor child when no parent can exercise parental care, for example because the parents have died or their custody has been withdrawn. The family court then appoints a guardian who legally represents the child and provides for it. The youth welfare office is involved in the procedure.

What is the difference between guardianship and adult guardianship?

Guardianship concerns minor children whose parents cannot exercise care. Legal adult guardianship, by contrast, concerns adults who, due to illness or disability, can no longer manage their own affairs. Parents can, via a custody directive, propose who should become their child's guardian in an emergency.

Take action now

We put together the ready-made texts and the right places to contact for you.

Clarify the question Check a suspicious message

More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.