Guardianship concerns the authority over a minor child that is exercised by someone other than the biological parents. This can occur if the parents have died or their authority has been withdrawn.
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 terminated
- If the sole parent exercising authority dies or loses authority
- If parents have themselves appointed a guardian (testamentary guardianship)
Different forms of guardianship
| Type | Description |
|---|---|
| Testamentary guardianship | Laid down by parents in a will |
| Judicial guardianship | Assigned by the court |
| Guardianship by institution | Youth protection agency as guardian |
What is testamentary guardianship?
Parents can designate someone as guardian via their will in case they both die. This provides the guarantee that a person of your choice will exercise authority over your child.
- Arrange this via a notary in a will
- Or register it with the court registry (parental authority register)
- Also consider designating a backup guardian
Responsibilities of a guardian
A guardian takes over the tasks of a parent and has similar rights and duties:
- 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 supervises the guardian, especially in managing assets. The guardian is required to:
- Prepare an inventory of assets
- Render account regularly
- Seek court permission for certain decisions
What happens 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 organisation. 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. In addition, there may be entitlement to an orphan's pension or inheritance.Is it possible for a guardian to be replaced?
Yes, a court may dismiss a guardian for negligence or misconduct. A guardian may also resign themselves. The court then appoints a new guardian.Questions about guardianship in Utrecht
How do I appoint a guardian for my child in case of death?
This can be done via a notarial will or by registration with the court registry in Utrecht (parental authority register). It is advisable to appoint a reserve guardian and discuss your wishes with the chosen person.
What if both parents die without appointing a guardian?
The court in Utrecht will then appoint a guardian, such as a family member or a youth protection agency. The choice is made based on the child's welfare.
What are the duties of a guardian?
A guardian is responsible for the upbringing, legal representation, financial matters and important decisions for the child. Accountability to the court is often required.
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?
In case of negligence, the court may dismiss a guardian. A guardian may also request dismissal themselves. The District Court of Midden-Nederland in Utrecht then appoints a new guardian.
What distinguishes testamentary from judicial guardianship?
Testamentary guardianship is chosen by parents themselves via a will or parental authority register. Judicial guardianship is determined by the court if no choice has been made.
Contact in Utrecht:
- District Court of Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht