Assuming guardianship and guardianship
Source: BUS Rheinland-PfalzA guardian is the legal representative of a minor who assumes responsibility for the child or young person in place of the parents. If the parents are only relieved of part of their legal responsibility, a guardianship is ordered. This representative, who is only responsible for certain matters, is called a supplementary guardian or guardian for short. In Germany, adults can be appointed a legal guardian by a court. Children and young people who have a guardian or supplementary guardian are called wards.
The guardian independently represents the child or young person in all legal matters and takes care of their care and upbringing. The guardian or supplementary guardian must always consider the welfare and interests of the minor and make good decisions. The guardian must have regular personal contact with the child or young person and important decisions must be discussed together.
A suitable adult, an association or the local youth welfare office can be appointed as guardian. Suitable relatives, foster parents or volunteers can also act as guardians. Carers of the child or young person in the home may not become guardians.
The guardianship or guardianship ends either when the ward reaches the age of majority or through dismissal by the court.
A distinction must be made between statutory and appointed official guardianship by the youth welfare office.
Statutory official guardianship by the youth welfare office begins with the birth of a child whose parents are not married and who is not under parental care, e.g. because the mother herself is still a minor and a guardian (e.g. the child's grandparents) was not appointed before the child was born. It ends when parental custody commences, e.g. when the mother comes of age. The youth welfare office in whose area the mother has her habitual residence is responsible.The appointed official guardianship of the youth welfare office takes effect by order of the family court. An official guardianship order may be necessary if parental custody of a minor is suspended, e.g. because the parents or guardians are unknown, or the parents or guardians are unable to exercise parental custody. The youth welfare office in whose area the child or young person has their habitual residence is responsible.