What is a Sorgerechtsverfügung (guardianship directive)?
A Sorgerechtsverfügung is a legal document drawn up by one or both parents in which they specify who should receive legal custody (Sorgerecht) of their minor children if they die or suddenly become unable to care for them – for example due to a serious accident or illness.
The purpose is to ensure that the child stays in a safe and familiar environment, with a person the parents trust and have consciously chosen in advance.
It is particularly advisable if:
you have minor children, especially under the age of 18,
you are a single parent with sole custody,
you are an unmarried couple or live in a legally unclear situation,
you are worried that, in case of an emergency, your child might be placed with people you do not want.
Without a Sorgerechtsverfügung:
The youth welfare office (Jugendamt) may intervene and place the child temporarily in state care or with a foster family.
The family court may appoint a legal guardian (Vormund) who does not correspond to the parents’ wishes.
Conflicts and disputes may arise within the family over who should take care of the child.
A Sorgerechtsverfügung is not 100% binding for the court, but it is taken very seriously and is considered strong evidence of the parents’ will.
Typically, a Sorgerechtsverfügung includes:
Details of the child/children:
full name,
date of birth.
Name of the person or couple you wish to appoint as guardian:
full name,
address,
relationship to the child (e.g. grandparents, aunt/uncle, close family friends).
Reasons why you have chosen this person in particular (stability, emotional bond, similar values, proximity).
If applicable, persons you explicitly do not want to receive custody, with a brief explanation.
Signatures of the parent(s) and the date.
It is recommended to:
have the document notarised by a notary public (Notar), or
include it in a formal will (Testament).
The following is a general example in German that should be tailored to the specific situation and, ideally, reviewed legally:
Sorgerechtsverfügung
Sollte mir / uns etwas zustoßen und ich / wir nicht mehr in der Lage sein, die elterliche Sorge für unser Kind / unsere Kinder [Name des Kindes / der Kinder, Geburtsdatum] auszuüben, bestimme(n) ich / wir hiermit:
[Vollständiger Name der gewünschten Person, Anschrift, Verhältnis zum Kind]
als Vormund.
Ort, Datum
Unterschrift(en)
It is crucial that the Sorgerechtsverfügung can be found quickly if something happens. For example:
at home, together with other important documents,
with the person you have appointed as guardian,
deposited with a notary or lawyer,
registered or deposited at the competent probate court (Nachlassgericht).
Yes, a Sorgerechtsverfügung can be changed or revoked at any time.
You can write a new document,
explicitly cancel or destroy the old one,
and always make sure the valid version bears a current date and signatures.
| Reason | Effect / Benefit |
|---|---|
| Protecting the child in unforeseen events | Avoiding sudden decisions by the Jugendamt |
| Preventing family disputes | Clarifying the parents’ wishes in advance |
| Providing emotional security to child/family | Ensuring a safe and familiar environment |
The editorial team of this website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or information may be incomplete or not fully up to date. Therefore, please treat the information in this article as a preliminary guide only and always consult notaries, family-law specialists or the competent authorities for binding, up-to-date legal advice.
