Aufwendungsersatz für den Vormund Ersatz

§ 1808 German Civil Code (BGB)
https://www.gesetze-im-internet.de/bgb/__1808.html

§ 1877 German Civil Code (BGB)
https://www.gesetze-im-internet.de/bgb/__1877.html

§ 1878 German Civil Code (BGB)
https://www.gesetze-im-internet.de/bgb/__1878.html

If you volunteer as a guardian, you can claim reimbursement for your expenses, meaning you get back the money you spent on the guardianship.

Guardianship is generally carried out on a voluntary basis, i.e. without payment. However, voluntary guardians are entitled to have their expenses reimbursed.

This means that you can claim back the money you spent while exercising guardianship. This reimbursement will be made from the assets of the ward - this is the name given to the minor child who is under your guardianship.

If you are responsible for the ward's assets, you can take the reimbursement directly from the assets under management. In all other cases, the court decides on the amount you are entitled to. If the ward is destitute, the state treasury covers the costs.

Examples of reimbursable expenses:

• travel costs
• Costs for appropriate insurance (for example, liability insurance for damages that could arise from the guardianship)
• Costs of living and education if the ward lives in your household

If you do not want to settle your expenses individually, you can apply for a flat-rate expense allowance instead. This amounts to 425 euros per year (as of 2025). The first payment will be made one year after you are appointed as a guardian.

The flat-rate compensation only applies to guardians who work on a voluntary basis. Youth welfare offices or associations cannot make this claim.

List of expenses with receipts

You are acting as a voluntary guardian and in your role as guardian you have incurred expenses that are directly related to your guardianship. You must apply for reimbursement of these expenses.

• Apply for reimbursement of your expenses from the responsible authority.
• If you want to get your specific expenses back, please submit the receipts.
• Submit a written statement of your expenses if a court determination is required.
• The responsible authority determines the amount to be paid out.
• However, you can also request the flat rate.
• The responsible authority will examine your application and documents. If necessary, it will request further documents or information from you.
• The responsible authority will decide on your application.
• You will receive a notification and the payment.

The processing time depends on the amount of work required.

Apply for reimbursement of your expenses within 15 months of their occurrence. Otherwise, your right to compensation will expire.
If you apply for your claim for reimbursement to the responsible authority, this also counts as an application to the ward.

The competent authority may specify further deadlines.

Apply for the flat-rate expense allowance no later than 6 months after the end of the year for which you wish to receive the compensation.

Complaint

• Guardianship is generally carried out voluntarily and unpaid
• Voluntary guardians can have expenses reimbursed
• Reimbursement will be made from the ward's assets, or in the case of lack of means from the state treasury
• Guardians with asset management can take the reimbursement directly from the assets under management, otherwise the court decides
• Examples of reimbursable expenses: travel costs, insurance costs, living expenses and upbringing of the ward in the guardian's household
• As an alternative to individual billing, an annual flat rate of 425 euros (as of 2025) is possible, the first payment being made one year after appointment as guardian
• The flat-rate expense allowance only applies to voluntary guardians, not to youth welfare offices or associations

Hamburg District Court