How do the affairs end?



legal care for a person (ward) who lacks full legal capacity. The guardianship differs from the guardianship in the extent of the need for protection, which includes all areas of life in the guardianship (§§ 1773–1895 BGB). Guardianship only affects minors. Since January 1, 1992 there is no longer any guardianship for adults; They are replaced by supervision (§§ 1896–1908 i BGB).

Requirements: A minor receives a guardian if he is not under parental custody (ie if he no longer has parents), if the parents are not authorized to represent the minor in any matters relating to the person or the property, or if he is Marital status cannot be determined (foundling; § 1773 BGB). Legal guardianship of the youth welfare office only comes into effect with the birth of a child if the parents are not married to each other and the child needs a guardian, e. B. because the mother is a minor, but not if another guardian was appointed before the birth (Section 1791 c BGB). In other cases the guardianship is ordered ex officio by the guardianship court.

Guardian: Anyone who has been appointed by the parents of the ward as a guardian by testamentary disposition has the right to be appointed as a guardian. Otherwise, the selection is incumbent on the guardianship court after hearing the youth welfare office. Relatives and by-laws of the ward must first be taken into account. Associations with legal capacity (association guardianship) and the youth welfare office (appointed official guardianship) can also be appointed as guardians. The assumption of guardianship is an obligation under public law that can only be refused under special conditions. If the guardianship involves substantial asset management, a counter-guardian should be appointed.

Duties of the guardian: The guardian has to look after the person and the property of the ward; v. a. he exercises the representation. He has to submit a list of the ward property to the court. As a representative of the ward he can i. d. As a rule, do not make gifts, unless out of moral duty (e.g. gifts to relatives of the ward in the interests of family peace) or out of decent consideration (§ 1804). In a number of cases where there is a risk of a conflict of interests, his power of representation is excluded by law; the Guardianship Court can also withdraw it from him for individual matters or for a specific group of matters. He has to invest the ward assets, insofar as current expenses do not have to be met, securely in favor of the ward (§§ 1806 ff. BGB). He may only conduct certain transactions with the approval of the Guardianship Court or the counter-guardian. The entire supervision is incumbent on the Guardianship Court; information is to be given to him on request and - i. d. Usually once a year - to submit an invoice. Guardianship is free of charge, but exceptionally for a fee if the court determines that the guardian is professionally responsible (§§ 1836 ff. BGB).

Termination of the V .: The guardianship ends except through the death of the ward when the requirements for its order no longer apply a. i.e. upon reaching the age of majority. The guardianship court has to dismiss the guardian if he endangers the interests of the ward through improper conduct; if there is an important reason, he is to be dismissed on his own application. After the termination of the office, the guardian has to surrender the ward assets and to give an account of the administration.

Source: Duden Law A-Z. Specialized lexicon for studies, training and work. 3rd edition Berlin: Bibliographisches Institut 2015. Licensed edition Bonn: Federal Agency for Civic Education.