Guardianship concerns the authority over a minor child that is exercised not by the parents, but by a third party. This can occur when parents die or lose their authority.
When is guardianship applicable?
Guardianship comes into play in the following situations:
- If both parents have died
- If the authority of both parents has been withdrawn
- If the sole parent with authority dies or loses authority
- If parents themselves appoint a guardian via a will
Forms of guardianship
| Category | Description |
|---|---|
| Testamentary guardianship | Chosen by parents and recorded in a will |
| Judicial guardianship | Appointed by the court |
| Guardianship by institution | Exercised by a youth protection organization |
Guardianship via will
Parents can designate someone as guardian in their will in case they both die. This provides certainty that the authority goes to a trusted person.
- Recording via a notary in a will
- Alternative: registration with the court registry
- Consider a second guardian as backup
Responsibilities of a guardian
A guardian takes over the role of a parent and has similar obligations:
- Care and upbringing of the child
- Representation in legal matters
- Financial management of the child's assets
- Making important decisions on behalf of the child
Supervision of the guardian
The court oversees the exercise of guardianship, especially regarding financial management. A guardian must:
- Prepare an inventory of the child's assets
- Render account regularly
- Seek permission from the court for specific actions
What if I do not appoint a guardian and I die?
The court will then appoint a guardian, such as a family member or a youth protection organization. The decision is made in the best interests of the child.Can a guardian receive financial support for the child?
The child is entitled to child support from a surviving parent, which the guardian receives on behalf of the child. There may also be entitlement to a benefit or inheritance share.Is dismissal as guardian possible?
Yes, a court can dismiss a guardian for negligence or misconduct. A guardian can also request dismissal themselves, after which a new guardian is appointed.Frequently asked questions about guardianship in Leiden
How do I appoint a guardian for my child upon death?
This can be done via a notarial will or registration with the court registry in Leiden. It is advisable to appoint a reserve guardian and discuss your choice with the person in advance.
What if no guardian is designated upon death of both parents?
The court then determines who gets guardianship. This could be a relative or a certified institution. The child's best interests are central to this decision.
What are the duties of a guardian?
A guardian is responsible for the upbringing, legal representation, asset management, and making crucial decisions for the child. Accountability to the court is mandatory.
Can a guardian collect child support?
Yes, on behalf of the child, the guardian can receive child support from a living parent. There may also be entitlement to an orphan's benefit via agencies such as the SVB.
How does dismissal of a guardian work?
If functioning poorly, the court can dismiss a guardian. A guardian can also submit a resignation themselves, after which a new guardian is designated by the court.
What distinguishes testamentary from judicial guardianship?
Testamentary guardianship is determined by the parents themselves via a will, whereas judicial guardianship is established by the court if no choice has been made.
Contact and assistance in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46