As a rule, a minor’s parents or other persons who hold custody of the minor will act as the minor’s guardians.
If one of a minor’s guardians has died, the other guardian will continue in the task alone. Therefore, there is usually no need for a separate guardianship order.
When a minor is left completely without a guardian, for example when their only guardian dies, the task of the social welfare services is
- to determine whether the minor needs a guardian, and
- If necessary, to submit an application on this matter to the District Court.
If a guardian is assigned to a minor, the guardian in charge of custody, this person also automatically becomes the guardian of the minor in other matters.
If a minor does not need a guardian to hold custody like in a situation where a minor will soon become an adult but needs a guardian for other matters, social services may also submit an application directly to the District Court in these instances.