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Prerequisites

In order to appoint the previously prevented person as guardian, the following requirements must be met:

• The designated person must submit the application to the family court within six months of the appointment of the previous guardian.
• The reasons for the impediment must no longer exist.
• The dismissal of the previous guardian must not conflict with the welfare of the ward.
• If the ward is already 14 years old, he or she may not object to the dismissal of the previous guardian.

Documents required

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
Affordable legal advice for people with low incomes is provided by the Public Legal Advice (ÖRA).

Deadlines

The application must be received by the family court within 6 months.


The six-month period begins, regardless of knowledge, with the (effective) appointment of the previous guardian.

Procedure

• The person named by the parents in the will or inheritance contract must submit an application to be appointed guardian within 6 months of the appointment of the other guardian.
• The family court checks whether the parents have named this person as guardian in their will or inheritance contract.
• If this is the case, the family court will check whether this person meets the requirements to become a guardian.
• It checks whether the appointment is in the best interests of the child and hears the ward.
• If the person meets the criteria and there are no conflicting reasons, the family court will appoint this person as guardian at a hearing and instruct them about their duties.
• The new guardian receives his certificate of appointment
• If the person does not meet the criteria or the appointment is contrary to the child's best interests, the old guardian remains.

Processing time

Depends on the procedure. Usually a few weeks.

Fees

The costs of conducting the guardianship proceedings at the family court are borne by the child. However, fees are only charged if the ward's assets, after deducting liabilities, exceed 25,000 euros.

Legal remedies

Complaint

Legal basis