Guardianship concerns the authority over a minor child exercised by someone other than the parents. This can occur upon the death of both parents or when their authority has been terminated.
When is guardianship needed?
Guardianship arises 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- If the authority of both parents has been withdrawn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 it
- If parents have appointed a guardian via a will
Types of guardianship
| Type | Description |
|---|---|
| Testamentary guardianship | Laid down by parents in a will |
| Judicial guardianship | Assigned by the court |
| Guardianship by institution | A youth protection organisation acts as guardian |
Arranging testamentary guardianship
Parents can designate a guardian via a will in case they both pass away. This provides the guarantee that a person of their choice takes over the authority.
- Arrange this via a notary in a will
- Or register it with the court in the parental authority register
- Also consider a second guardian as backup
Responsibilities of a guardian
A guardian has similar obligations and rights as a parent with authority:
- Caring for and raising the child
- Legally representing the child
- Managing the child's finances
- Making essential decisions
Supervision of the guardian
The court supervises the guardian, especially in financial matters. The guardian is obliged:
- To draw up an inventory of assets
- To render account regularly
- To request permission from the court for specific actions
What if I have not appointed a guardian and I die?
In that case, the court appoints a guardian. This may be a family member or a youth protection institution. 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 any surviving parent, which the guardian receives on behalf of the child. In addition, there may be a right to an orphan's pension 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. Subsequently, the court appoints a new guardian.Frequently asked questions about guardianship in Zoetermeer
How do I appoint a guardian for my child upon death?
You can arrange this via a notarial will or by registration with the court registry in the parental authority register. It is advisable to also appoint a reserve guardian and discuss your choice with those involved.
What if no guardian is designated and both parents die?
The court then appoints a guardian, such as a family member or a youth protection organisation. The choice is made based on the best interests of the child 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 choices for the child. In addition, the guardian must render account to the court.
Can a guardian claim child support for the child?
Yes, the child is entitled to child support from a living parent, which the guardian receives on behalf of the child. There may also be a claim to an orphan's benefit or inheritance via institutions such as the SVB.
What happens upon dismissal of a guardian?
For negligence or misconduct, the court may dismiss a guardian. The guardian may also request dismissal themselves. The court then appoints a new guardian in the best interests of the child.
What distinguishes testamentary from judicial guardianship?
Testamentary guardianship is designated by parents themselves via a will or parental authority register. Judicial guardianship is determined by the court if there is no pre-appointed guardian.
Local information:
For legal questions about guardianship in Zoetermeer, you can go to the Juridisch Loket Zoetermeer. Cases are handled by the Rechtbank Den Haag, under which Zoetermeer falls.