Guardianship & trusteeship
Difference between guardianship and guardianship
A guardianship includes the complete assumption of parental care. This means that the guardian makes decisions on all important areas of life - such as school, health, finances and the child's whereabouts. A guardianship is often ordered after the death of the parents, in the event of a complete loss of custody or if the parents are permanently absent (e.g. due to imprisonment or mental illness). Guardians can be individuals, the youth welfare office or associations.
A guardianship, on the other hand, is limited to certain tasks or sub-areas of parental care. This can be, for example, decisions on medical treatment, school choice or the management of the child's assets. Guardianship often occurs when the parents are temporarily unable to act - for example during a lengthy stay in hospital or in the event of legal disputes concerning individual areas of parental care. The parents retain custody, while the foster carer is only responsible for the assigned tasks.
In both cases, however, the welfare of the child comes first - and there is support to help them cope with the associated tasks.
Signs that support is needed
- Death of parents or single parent: If a child is suddenly left without a legal guardian, a guardianship must be set up.
- Illness of parents: In the event of serious illness or a prolonged hospital stay of the parents, a guardianship can be set up as a temporary solution.
- Withdrawal of custody by the youth welfare office: If the youth welfare office withdraws custody, a guardianship is usually ordered to ensure the child's welfare.
- Parents are unable to make important decisions: If parents are abroad or are unable to act due to other circumstances, a guardianship is often set up for specific tasks (e.g. school matters).
Finding support: What help is available?
Advice and support
- Youth welfare offices: The youth welfare office is the central point of contact if a guardianship or guardianship needs to be set up. There you will receive advice on the legal steps, how to apply and the necessary documents.
- Socio-educational family support: If parents need temporary support with parenting, socio-educational family support can step in. The aim is to stabilize the family so that guardianship is not necessary.
- Family law advice centres: These centres offer information on the legal basis of guardianship and guardianship as well as support with the application process.
Legal care and support
- Family courts: If the youth welfare office cannot find a suitable guardian, the family court decides who will take over the guardianship. This can be an individual or a state agency.
- Guardianship associations: In some cases, guardianship is taken over by specialized associations. These work closely with youth welfare offices and courts.
- Foster parents and foster carers: If children cannot live with their parents, they are often placed in foster families. These families take over day-to-day care, while custody is in the hands of the youth welfare office or a guardian.
Everyday support
- Support from foster care services: Foster parents are supported in caring for foster children - through discussions, training and practical help in everyday life.
- Financial support: Foster parents receive financial support for the care of the children. This includes care allowance as well as allowances for clothing, school supplies and leisure activities.
- Support groups for foster parents: Foster parents face particular challenges. Self-help groups offer a space to share experiences and learn from others.
Frequently asked questions about guardianship & trusteeship
The youth welfare office and specialized guardianship associations can advise you on your rights and obligations. They provide support with applications, accompany volunteer guardians and offer training for foster parents.
Honorary guardians receive training, legal advice and regular support from the youth welfare office or guardianship associations. These agencies also help with difficult decisions and questions in everyday life.
The family court decides on the basis of the best interests of the child. If possible, relatives or close caregivers are considered. If no suitable person is available, the youth welfare office takes over guardianship. Advice centers explain the process and provide support with the application.
Let us advise you now!
If a child needs someone to take responsibility, you are not alone. Youth welfare offices, advice centres and foster children's services can help organize guardianship or foster care. Get support.