Guardianship is authority over a minor exercised by someone other than a parent. It arises where neither parent holds authority, for instance after the death of both parents or once the court has terminated parental authority.
Legal basis
Title 14 of Book 1 of the Dutch Civil Code governs guardianship, starting from Article 1:245: a minor is subject to authority, and that is either parental authority or guardianship. Article 1:292 allows a parent with authority to appoint a guardian, either by will or by an entry in the authority register. That appointment takes effect automatically on death, unless the person appointed declines. Article 1:299 governs appointment by the court where no designation exists. Guardianship may also be entrusted to a certified institution, usually following a measure terminating parental authority under Article 1:266.
How it works in practice
An entry in the authority register is the simplest route and can be made by the parent online. It is preferable to a testamentary appointment alone, because the register can be consulted immediately. A guardian has the same powers as a parent with authority but is not liable for maintenance: the parents’ maintenance duty in principle continues, and otherwise the child’s living costs are met from the child’s own assets or through a guardianship allowance.
Where it goes wrong
Parents appoint no one, leaving the court to decide after their death without knowing what they wanted. A second problem is appointing someone who was never asked and then declines. Third, administration of the child’s assets is forgotten, which is a separate question from authority.
Related terms
Guardianship connects to parental authority, the family supervision order and protective administration of assets.
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