Vormundschaft für Minderjährige; Anordnung

Minors are assigned a guardian if they are not under parental care or if the parents are not entitled to represent the minor in matters concerning their person and assets. A guardian must be appointed in the following cases, for example:

• A minor is not under parental care because his/her parents are deceased.
• A minor cannot be represented by his/her parents in personal and financial matters because they have been deprived of parental custody.
• The marital status of a minor cannot be determined (foundling).

The guardian is the legal representative of the minor in all matters. They have the right and duty to look after the minor's person and assets. The family court advises the guardians and supervises their activities.

Legal guardianship is a special case of guardianship. When a child is born to an unmarried underage mother, the youth welfare office becomes the official guardian by law (without a decision by the family court). One of the main tasks of the Youth Welfare Office as official guardian is to assert the child's maintenance claim. The underage mother is only entitled to take care of the child's person (in addition to the official guardian), but not to represent the child. However, in the event of differences of opinion, her opinion takes precedence over that of the guardian. The official guardianship ends when the mother reaches the age of majority or when joint custody is established with the adult father.

Fees and court expenses are charged when guardianship is ordered if the ward's assets exceed €25,000 after deduction of liabilities at the time the respective fee is due. The value of an appropriate owner-occupied property is not included in the calculation.