Guardianship concerns the authority over a minor child that is exercised by someone other than the parents. This may be necessary in the event of the death of both parents or when parental authority has been terminated.
When is guardianship applicable?
Guardianship arises in the following situations:
- If both parents have passed away
- If the authority of both parents has been terminated
- If the sole parent with authority passes away or loses authority
- If parents jointly appoint a guardian via a will
Types of guardianship
| Type | Characteristics |
|---|---|
| Testamentary guardianship | Designated by parents in a will |
| Judicial guardianship | Appointed by the court |
| Guardianship by an institution | A youth protection organisation assumes the role |
What does testamentary guardianship entail?
Parents can designate a guardian via their will in case they both pass away. This provides certainty that a person of choice takes over the authority.
- Registration via a notary in a will
- Or via the parental authority register at the court
- Consider also appointing a substitute guardian
Responsibilities of a guardian
A guardian has similar duties and rights as a parent with authority:
- Caring for and raising the child
- Acting as legal representative
- Managing the child's finances
- Making important decisions on behalf of the child
Supervision of the guardian
The court oversees the execution of the guardianship, especially with regard to financial management. The guardian must:
- Prepare an inventory of assets
- Render account regularly
- Obtain court permission for specific decisions
What if I do not appoint a guardian and pass away?
In that case, the court appoints a guardian. This may be a family member or a youth protection agency. The decision is made in the best interests of the child.Can a guardian receive financial support?
The child is entitled to maintenance from any surviving parent, which is collected by the guardian. In addition, there may be entitlement to an orphan's benefit or inheritance share.Is dismissal as guardian possible?
Yes, the court may dismiss a guardian for negligence or misconduct. The guardian may also request dismissal themselves. The court will then appoint a new guardian.Frequently asked questions about guardianship in Westland
How do I appoint a guardian for my child in case of death?
This can be done via a notarial will or by filing a declaration at the court registry in the parental authority register. It is advisable to appoint a reserve guardian and discuss your wishes with the guardian.
What if both parents pass away without appointing a guardian?
The court will then appoint a guardian, such as a family member or a youth protection organisation, based on the child's best interests and the suitability of the candidate.
What are the duties of a guardian?
A guardian is responsible for the upbringing, care, legal representation, financial matters and important decisions for the child. Accountability to the court is mandatory for asset management.
Can a guardian claim maintenance for the child?
Yes, the child is entitled to maintenance from a living parent, which is managed by the guardian. There may also be entitlement to an orphan's benefit or inheritance share via agencies such as the SVB.
Is it possible for a guardian to be dismissed?
Yes, for negligence or abuse, the court may dismiss a guardian. The guardian may also submit a resignation, after which the court appoints a replacement with the child's best interests paramount.
What distinguishes testamentary from judicial guardianship?
Testamentary guardianship is chosen by the parents themselves via a will or parental authority register. Judicial guardianship is determined by the court if no choice has been made.
Relevant agencies in Westland:
- District Court The Hague (district)
- Juridisch Loket Westland