Official guardianships and trusteeships

Official guardianship

The official guardianship comes into effect by law or by order of the family court.

The Youth Welfare Office/Youth and Family Service becomes the official guardian or official carer in accordance with Sections 55 and 56(1) of SGB VIII (Social Code Book VIII) in the cases provided for by the BGB (German Civil Code).

Official guardianship/official guardianship is modelled on parental rights and is based on their content.

According to Section 1626 (1) sentence 1 of the German Civil Code (BGB), parents have the duty and the right to care for their minor children. Parental care is therefore also referred to as the so-called mandatory right of parental care. Parental care is justified by the child's need for protection and assistance in order to develop into an independent personality within the social community.

According to Section 1626 (1) sentence 2 of the German Civil Code (BGB), parental care encompasses care for the child's person (personal care) and the child's property (property care).

According to § 1631 Para. 1 BGB, personal care includes in particular the duty and right to care for, educate and supervise the child and to determine its whereabouts.

A minor is assigned a guardian if he or she is not under parental care or if the parents are not authorised to represent the minor in matters relating to his or her person or property. (§ 1773 Para. 1 BGB)

The official guardian has the right and duty to care for the person and property of the ward and to represent the ward (Section 1789 of the German Civil Code (BGB)). The
central task of official guardianship is to look after the interests of the ward, with the focus on protecting the ward, strategic responsibility and legal representation. The official guardian must personally promote the care and education of the ward (Section 1631 of the British Civil Code).