⚖️ Guardianship and assistance: what ends at the age of majority
In brief
Under § 1773 BGB, guardianship exists only for minors – it therefore ends automatically on completion of the 18th year, without any separate order of termination being needed. An existing assistance (Beistandschaft) by the Jugendamt (e.g. to enforce maintenance or to establish paternity) also ends with the age of majority, because its requirements are tied to parental custody of a minor child. From 18 you represent yourself legally; if you need support beyond that, at most legal guardianship for adults (rechtliche Betreuung) under §§ 1814 ff. BGB comes into question – this must be specifically applied for or suggested to the guardianship court and is tied to much narrower requirements than guardianship.
Step by step
- Discuss the handover of tasksWell before your 18th birthday, discuss with your guardian and the Jugendamt which tasks (maintenance, contacts with authorities, assets) will in future be your own responsibility.
- Pursue maintenance claims yourselfFrom 18, pursue yourself (or have someone do so) any outstanding maintenance claims against your parents that were previously enforced through an assistance (Beistandschaft).
- Switch powers of attorney and contractsSwitch bank authorisations, tenancy agreements and other documents previously signed by your guardian/persons with parental care over to yourself.
- Obtain an overview of assetsIf assets managed by the guardian continue to exist, have the overview of assets or final accounts handed over to you.
- Consider legal guardianship for adults only in exceptional casesConsider legal guardianship for adults only if you have a considerable, lasting need for support (e.g. because of a disability) – that is the exception, not the rule.
Deadlines
- Do not confuse the automatic end of guardianship with the end of all support – youth welfare (§ 41 SGB VIII) and aftercare (§ 41a SGB VIII) are separate entitlements, independent of guardianship.
- A maintenance claim against your parents often continues to exist legally after the age of majority (e.g. during training), but must now be asserted by you yourself – without an assistance (Beistandschaft), nobody takes this over automatically for you any more.
- Legal guardianship for adults is not "guardianship for adults light" – it is set up only for a mental illness or a physical, mental or psychological disability that prevents you from handling your own affairs, and only to the extent necessary (§ 1814 BGB).
In depth · legal basis, figures and practice – for advisers and professionals
Official guardianship in practice
For many care leavers, the Jugendamt itself (official guardianship, Amtsvormundschaft) or an association or professional guardian was appointed during their time in youth welfare (§ 1774 BGB). At the age of majority this appointment also ends automatically – a formal "discharge" of the guardian by the family court is not legally required, but is in practice sometimes documented anyway.
Assistance (Beistandschaft): end and continued pursuit of maintenance
Under § 1715 Abs. 2 BGB, assistance (Beistandschaft) ends as soon as the requirements of § 1713 BGB are no longer met – with the child's age of majority this is always the case, because these provisions are tied to parental custody. The maintenance claim itself does not lapse as a result, but in future must be enforced by you yourself or with legal support.
Legal guardianship for adults as a possible follow-on solution
Guardianship law was comprehensively reformed on 1.1.2023 (Act on the Reform of Guardianship and Care Law, BGBl. 2021 I S. 882). Legal guardianship for adults (Betreuung) requires an application or suggestion to the guardianship court and is set up only for the areas of responsibility actually required (§ 1815 BGB) – it is tailored much more narrowly than guardianship for minors and is not an automatic continuation.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.