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Book 4 · Family law  ›  Subtitle 1 · Creation of guardianship › Section 1779

Selection by the family court

(1) If the guardianship is not to be transferred to a person designated under section 1776, the family court is to select the guardian after hearing the Youth Welfare Office.

(2) As a rule, the family court is to choose a person who is suitable to act as guardian in view of their personal circumstances and their financial situation, and also in view of the other circumstances. When a selection is made between several suitable persons, the putative intent 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.

(3) In selecting the guardian, the family court as a rule is to 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 expenditures from the ward; the amount of the expenditures is specified by the family court.

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