Guardianship and continuing power of attorney

In addition to being the custodian of your children, you are also their guardian from their birth. You will remain the guardian of your children until they reach the age of 18. 

If the guardianship of your children is registered, you will assume specific obligations. Registration of guardianship means that you must submit annual reports on how you manage your child’s property. The guardianship is registered by the Digital and Population Data Services Agency.

The Digital and Population Data Services Agency supervises guardians of children so that the interests of the children can be safeguarded and abuses prevented.

No remuneration is paid to guardians.

As the custodian, you must report the details of your child’s property to the Digital and Population Data Services Agency if 

• the property exceeds 20,000 euros. Debts are not deducted from this total.
• you child is a shareholder of an estate, or 
• the Digital and Population Data Services Agency asks you to provide the details of your child’s assets. 

Guardianship is always registered when the child’s property exceeds 20,000 euros. The property may comprise real estate, shareholding in an estate, investment income or gifts. In other cases, the decisions are made on a case-by-case basis.

If a child has more than one custodian, all custodians serve as the child’s guardians. The custodians must jointly manage the guardianship duties regardless of which of them lives with the child.

For example, the custodians must jointly sign the documents that they are submitting to the Digital and Population Data Services Agency. The custodians must jointly decide on major purchases or sales of assets.

However, the custodians can use a power of attorney to authorise one of them to serve as a guardian or to decide on the child’s property. However, the custodians are always jointly responsible for the matter.

You must submit the details of your child’s property on the property inventory.

You must submit the property inventory and its attachments to the Digital and Population Data Services Agency if 

• the value of your child’s property exceeds 20,000 euros
• the Digital and Population Data Services Agency asks you to provide the details of your child’s property.

You must enter the details of your child’s assets and debts in the property inventory. Read more about how to prepare the property inventory on the website Guardianship for a minorOpens in a new window..

You must submit the property inventory and its attachments to the Digital and Population Data Services Agency.

You must enter the details of your child’s assets and debts in the property inventory. Read more about how to prepare the property inventory on the website ‘Guardianship for a minor’.

You may be disqualified from representing your child if you and your child are shareholders of the same estate. You are disqualified if a conflict of interest may arise as a result of such matters as the administration of the estate or the division of inheritance. 

You need a substitute if you are disqualified. Your substitute only manages the tasks in which you are disqualified. In other words, not all duties of the guardian are transferred to the substitute guardian.

You can apply for the appointment of a substitute guardian from the Digital and Population Data Services Agency or a District Court.

• If a person close to you serves as your substitute, also make sure that they are not disqualified and remember to ask for their consent for the task.
• A public guardian is usually a government official working in a public guardianship office.

You are guided in the guardianship tasks by the Digital and Population Data Services Agency. You can contact the agency for help in such matters as preparing the property inventory or if you need more information about guardianship.

You should always ask for help in advance if you are not sure what to do. By doing this, you can avoid errors and additional work.

After you have submitted the property inventory and the required attachments, the Digital and Population Data Services Agency will notify you when your guardianship has been entered in the register of guardianship affairs. 

The Digital and Population Data Services Agency always consults the child’s parents before making its decision. The agency decides on the registration of the guardianship after consulting the parents.

You may have a large number of practical matters to deal with after the death of a close family member. Read more about them in the guide Death of a close family member. It lists the matters that you have to deal with. 

The guide contains information and instructions for situations where one of the parents of a minor has died. Read more about the pensions and benefits for a child that has lost a parent.

Different types of support is available for the grieving relatives of the deceased. Professional assistance and talking to others with similar experiences will help you to move forward.

Social and health care professionals help children and young people to deal with the loss. Contact the healthand social services centre and ask for help. You can also get help from your wellbeing services county's family work and school psychologists.