Guardianship concerns the authority over a minor child that is exercised by someone other than the parents. This may be necessary if the parents have died or their authority has been withdrawn.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 with authority dies or loses it
- If parents themselves appoint a guardian via a will
Different forms of guardianship
| Form | Description |
|---|---|
| Testamentary guardianship | Chosen by parents via a will |
| Judicial guardianship | Assigned by the court |
| Guardianship by institution | A youth protection organisation assumes the role |
Guardianship via will in Rijswijk
In a will, parents can designate a guardian in case they both die. This provides certainty that a person of your choice takes over the authority.
- Arrange this via a notary in Rijswijk
- Or register it with the court registry in the parental authority register
- Consider a reserve guardian for extra certainty
Responsibilities of a guardian
A guardian has similar duties and rights as a parent with authority:
- 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 District Court of The Hague supervises the guardian, especially regarding financial management. The guardian must:
- Prepare an overview of assets
- Regularly render account
- Request permission for specific decisions
What if I do not designate a guardian and I die?
The court will then appoint a guardian. This could be a family member or a youth protection agency. The child's best interests are central here.Can a guardian receive financial support?
The child is entitled to child support from any surviving parent, which the guardian receives on behalf of the child. In addition, an orphan's pension or inheritance share may apply.Is dismissal as guardian possible?
Yes, the court can dismiss a guardian for negligence or misconduct. A guardian can also request dismissal themselves. The court will then appoint a new guardian.Frequently asked questions about guardianship in Rijswijk
How do I designate a guardian for my child in case of death?
This can be done via a notarial will or by registration with the registry of the District Court of The Hague. It is advisable to appoint a reserve guardian and discuss your choice in advance with the person concerned.
What if no guardian is designated and both parents die?
The court will then appoint a guardian, such as a family member or a certified institution. The decision is made based on the child's best interests.
What are the duties of a guardian?
A guardian is responsible for upbringing, care, legal representation, asset management and making important decisions. Accountability to the court is mandatory for financial matters.
Can a guardian collect child support for the child?
Yes, the child is entitled to child support from a living parent, which the guardian receives. An orphan's pension can also be applied for via the Social Insurance Bank (SVB).
How does dismissal of a guardian work?
In case of negligence, the court can dismiss a guardian. A guardian can also request dismissal themselves. The District Court of The Hague will then appoint a replacement.
What distinguishes testamentary from judicial guardianship?
Testamentary guardianship is determined by the parents themselves via a will. Judicial guardianship is established by the court if there is no pre-appointed guardian.
Contact and advice in Rijswijk
For legal questions about guardianship, you can go to the Juridisch Loket Rijswijk. For guardianship matters, Rijswijk falls under the District Court of The Hague.