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Book 4 · Family law  ›  Subtitle 1 · Creation of guardianship › Section 1791a

Guardianship by association

(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 consent by the association.

(2) The appointment is made by order of the family court; sections 1789 and 1791 are not to be applied.

(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.

(4) If the family court wishes to have a co-guardian together with the association or if it wishes to appoint a supervisory guardian, then as a rule it is to hear the association before the decision.

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