Guardianships/custodianships for minors
A guardian acts as the legal representative for a child or young person if the parents are unable to do so.
In some cases, this may be the Youth Welfare Office (= official guardianship) or a professional guardian. However, private individuals who wish to volunteer can also become guardians – in which case they are referred to as individual guardians or voluntary guardians.
Individual guardianship, in particular, enables personal, reliable and trusting support.
What does a guardian do?
Upon their ‘appointment’ (confirmation by the family court), the guardian assumes the rights and duties of the parents. They are the child’s legal representative and are bound solely by the interests of the young person.
He or she makes important decisions, for example regarding health, school, education or place of residence, always in the best interests of the child. The aim is to provide the young person with stability, support and reliable guidance throughout their life. To achieve this, the guardian must, on the one hand, spend time with the child and, on the other hand, liaise closely with all other individuals involved in the child’s upbringing, submit applications and deal with administrative procedures. It is not necessary for them to live in the same household.
Guardians receive support from the Youth Welfare Office: the Co-ordination Office for Guardianships or the General Social Services. The Family Court oversees this voluntary work.
The Co-ordination Office for Guardianships will be happy to provide information on how to initiate a guardianship.
Other forms of guardianship or care arrangements:
If parents are unable to legally represent their child in certain specific areas, the Family Court may ‘appoint’ (a carer). Underage mothers cannot exercise parental responsibility for their children themselves. In such cases, the Youth Welfare Office will be happy to advise on the options for the children’s legal representation.
FAQ – the most important questions and answers
There is an advice centre at the Youth Welfare Office which you can contact at any time with your concerns.
The point of contact is the Guardianship Coordination Office. It can be contacted at jugendamt-einzelvormundschaft(at)stadt-chemnitz.de.
Yes, the personal details you provide in the questionnaire are key to determining which ward is suitable. Once a suitable ward has been found, a face-to-face meeting will be arranged between the prospective guardian and the ward. Subsequently, if the ward consents, a recommendation will be submitted to the family court for the appointment of a guardian.
You are always entitled to advice and support from the Guardianship Co-ordination Office. If there are significant uncertainties, there is still the option of arranging what is known as ‘additional guardianship’ through the Youth Welfare Office in certain specific areas. This may apply, for example, to asylum matters or the management of assets. You can find out more about this during a consultation.
The supervising authority is the Family Court. The sole guardian must submit a report to the court once a year. A form is available for this purpose, which is issued by the Family Court.
The ward may live in a residential group home or with a foster family. They do not have to live in the same household as their guardian.
As the person responsible for the ward’s care, you are free to decide on activities to undertake with the ward. It is up to you to decide to what extent you take the ward into your household. However, it is advisable to maintain a professional distance in this regard.
A guardian is liable for the ward in much the same way as the biological parents. For financial losses that have not arisen as a result of gross negligence or wilful misconduct, there is liability insurance available for voluntary guardians. You will be advised on this by the court.
One of the duties of a guardian is to maintain monthly contact with the ward. However, as guardianship also involves submitting applications, sorting out other matters, and holding discussions with specialists, teachers, childcare workers, etc., you need to set aside at least one hour a week for this role; you may need to allow for more time at the start. This varies greatly from person to person and depends on the individual case.
€425 per year