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=U4= Sec1773 -- Section 1773 Requirements
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=S=> BGB 1773. 1 A minor is given a guardian if he is not subject to parental custody or if the parents are not entitled to represent the minor either in matters affecting the person or in matters affecting property .
=S=> BGB 1773. 2 A minor is also given a guardian if his personal status cannot be determined .
=U4= Sec1774 -- Section 1774 Order by the court of its own motion
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=S=> BGB 1774 The family court must order guardianship of its own motion . If it is to be assumed that a child needs a guardian upon birth , then even before the birth of the child a guardian may be appointed ; the appointment takes effect on the birth of the child .
=U4= Sec1775 -- Section 1775 More than one guardian
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=S=> BGB 1775 The family court may appoint a married couple jointly as guardians . Apart from this , the family court , insofar as there are no special reasons to appoint more than one guardian , should appoint only one guardian for the ward and , if guardians are to be appointed for siblings , for all wards .
=U4= Sec1776 -- Section 1776 Right of the parents to name the guardian
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=S=> BGB 1776. 1 The person who is named by the parents of the ward as guardian is designated guardian .
=S=> BGB 1776. 2 If the father and the mother have named different persons , the naming by the parent who died later applies .
=U4= Sec1777 -- Section 1777 Requirements of the right to name the guardian
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=S=> BGB 1777. 1 The parents may only name a guardian if at the time of their death they have the parental custody for the person and the property of the child .
=S=> BGB 1777. 2 The father may name a guardian for a child that is born only after his death where he would be entitled to do this if the child had been born before his death .
=S=> BGB 1777. 3 The guardian is named by testamentary disposition .
=U4= Sec1778 -- Section 1778 Passing over the guardian named
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=S=> BGB 1778. 1 A person who under section 1776 is designated guardian may be passed over without his consent only if under sections 1780 to 1784 he cannot or should not be appointed guardian , if he is prevented from assuming the guardianship , if he delays the assumption , if his appointment would endanger the best interests of the ward , if the ward , who has reached the age of fourteen , opposes the appointment , unless the ward is incapable of contracting .
=S=> BGB 1778. 2 If the person designated is prevented only temporarily , the family court must , after the obstacle ends , appoint him guardian in place of the previous guardian upon his application .
=S=> BGB 1778. 3 For a minor spouse , the other spouse may be appointed guardian before the persons designated under section 1776.
=S=> BGB 1778. 4 In addition to the person designated , a co-guardian may be appointed only with the approval of that person .
=U4= Sec1779 -- Section 1779 Selection by the family court
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=S=> BGB 1779. 1 If the guardianship is not to be transferred to a person designated under section 1776 , the family court must select the guardian after hearing the youth welfare office .
=S=> BGB 1779. 2 The family court should choose a person who is suitable to act as guardian in view of his personal circumstances and his financial situation , and also in view of the other circumstances . When a selection is made between several suitable person , the presumed wishes of the parents , the personal ties of the ward , the relationship by blood or marriage with the ward and the religious denomination of the ward are to be taken into account .
=S=> BGB 1779. 3 In selecting the guardian , the family court should hear relatives by blood or marriage of the ward if this can be done without substantial delay and without disproportionate costs . The relatives by blood and marriage may require reimbursement of their expenses from the ward ; the amount of the expenses is specified by the family court .
=U4= Sec1780 -- Section 1780 Lack of capacity to be a guardian
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=S=> BGB 1780 A person who is incapable of contracting may not be appointed a guardian .
=U4= Sec1781 -- Section 1781 Unsuitability to be a guardian
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=S=> BGB 1781 The following persons should not be appointed guardians : a person who is a minor , a person for whom a custodian has been appointed .
=U4= Sec1782 -- Section 1782 Exclusion by the parents
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=S=> BGB 1782. 1 A person should not be appointed a guardian who has been excluded from the guardianship by a direction of the parents of the ward . If the parents have given directions that contradict each other , the direction of the parent who died later applies .
=S=> BGB 1782. 2 The exclusion is governed by the provisions of section 1777.
=U4= Sec1783 -- Section 1783 repealed
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=U4= Sec1784 -- Section 1784 Official or church officer as guardian
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=S=> BGB 1784. 1 An official or church officer , who under Land legislation needs a special authorisation to assume a guardianship , should not be appointed guardian without the prescribed authorisation .
=S=> BGB 1784. 2 This authorisation may only be refused if there is a compelling official reason .
=U4= Sec1785 -- Section 1785 Duty to assume guardianship
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=S=> BGB 1785 Every German must assume the guardianship for which he is selected by the family court insofar as his appointment as guardian is not prevented by one of the reasons set out in sections 1780 to 1784.
=U4= Sec1786 -- Section 1786 Right to refuse
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=S=> BGB 1786. 1 The assumption of the guardianship may be refused by the following : a parent who principally cares for two or more children who are not yet of school age or credibly establishes that the care for the family for which he is responsible permanently makes the exercise of the office particularly difficult , a person who has reached the age of sixty , a person who has the care for the person or the property of more than three minor children , a person who as the result of illness or of infirmity is prevented from conducting the guardianship properly , a person who , because of the distance of his residence from the seat of the family court , cannot conduct the guardianship without particular inconvenience ,
=S=> BGB 1786. r a person who is to be appointed to conduct the guardianship jointly with another person , a person who conducts more than one guardianship , custodianship or curatorship ; the guardianship or curatorship of more than one sibling is regarded as only one ; conducting two supervisory guardianships is equivalent to conducting one guardianship .
=S=> BGB 1786. 2 The right to refuse expires if it is not asserted to the family court before the appointment .
=U4= Sec1787 -- Section 1787 Consequences of unjustified refusal
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=S=> BGB 1787. 1 A person who refuses to assume the guardianship without a reason is , if he is at fault , responsible for the damage that the ward suffers as a result of the appointment of the guardian being delayed .
=S=> BGB 1787. 2 If the family court declares that the refusal is unjustified , the person who refused , notwithstanding the appeals to which he is entitled , must provisionally assume the guardianship at the request of the family court .
=U4= Sec1788 -- Section 1788 Coercive fine
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=S=> BGB 1788. 1 The family court may enjoin the person selected to be guardian to assume the guardianship by imposing coercive fines .
=S=> BGB 1788. 2 The coercive fines may be imposed only at intervals of at least one week . More than three coercive fines may not be imposed .
=U4= Sec1789 -- Section 1789 Appointment by the family court
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=S=> BGB 1789 The guardian is appointed by the family court committing him to conduct the guardianship faithfully and conscientiously . The undertaking should be given by a handshake in lieu of an oath .
=U4= Sec1790 -- Section 1790 Appointment subject to a reservation
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=S=> BGB 1790 When the guardian is appointed , there may be a reservation of the removal of the guardian in the eventuality that a particular event occurs or does not occur .
=U4= Sec1791 -- Section 1791 Certificate of appointment
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=S=> BGB 1791. 1 The guardian receives a certificate of appointment .
=S=> BGB 1791. 2 The certificate of appointment should contain the name and the date of birth of the ward , the name of the guardian , of the supervisory guardian and the co-guardians , and in the case of the division of the guardianship the nature of the division .
=U4= Sec1791a -- Section 1791a Guardianship by association
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=S=> BGB 1791a. 1 An association having legal personality may be appointed guardian if it has been declared to be suitable for this by the Land youth welfare office . The association may be appointed guardian only if a person suitable as voluntary sole guardian is not available or if it is designated as guardian under section 1776 ; the appointment requires the consent of the association .
=S=> BGB 1791a. 2 The appointment is made by order of the family court ; sections 1789 and 1791 do not apply .
=S=> BGB 1791a. 3 In conducting the guardianship , the association avails itself of individual members or employees of the association ; a person who cares for the ward as an educator in a home of the association may not exercise the tasks of the guardian . The association is answerable to the ward for the fault of the member or of the employee in the same way as for the fault of an agent appointed under its constitution .
=S=> BGB 1791a. 4 If the family court wishes to have a co-guardian together with the association or if it wishes to appoint a supervisory guardian , it should hear the association before the decision .
=U4= Sec1791b -- Section 1791b Official guardianship of the youth welfare office by appointment
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=S=> BGB 1791b. 1 If a person suitable as a voluntary sole guardian is not available , the youth welfare office may be appointed guardian . The youth welfare office may be neither named nor excluded by the parents of the ward .
=S=> BGB 1791b. 2 The appointment is made by order of the family court ; sections 1789 and 1791 do not apply .
=U4= Sec1791c -- Section 1791c Statutory official guardianship of the youth welfare office
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=S=> BGB 1791c. 1 Upon the birth of a child whose parents are not married to each other and which requires a guardian , the youth welfare office becomes the guardian if the child has its habitual residence in the area of application of this Code ; this does not apply if a guardian is appointed even before the birth of the child . If paternity under section 1592 no . 1 or 2 has been cancelled by contestation and if the child needs a guardian , the youth welfare office becomes the guardian at the time at which the decision becomes final and absolute .
=S=> BGB 1791c. 2 If the youth welfare office has been the curator of a child whose parents are not married to each other , and if the curatorship ends by operation of law and the child needs a guardian , the youth welfare office that was previously the curator becomes the guardian .
=S=> BGB 1791c. 3 The family court must without undue delay issue to the youth welfare office a certificate on the beginning of the guardianship ; section 1791 does not apply .
=U4= Sec1792 -- Section 1792 Supervisory guardian
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=S=> BGB 1792. 3 If the guardianship of more than one guardian is not to be conducted jointly , one guardian may be appointed supervisory guardian of the other .
=S=> BGB 1792. 4 The designation and appointment of the supervisory guardian are governed by the provisions applying to the creation of the guardianship .
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