A court will appoint a guardian ad litem to a child if there is a conflict of interests between the child and another person, if the legal representative fails to sufficiently defend the child’s interests, if it is in the interests of the child for another reason, or where provided by a statute.
In its decision to appoint a guardian, a court will specify the reason why the guardian is appointed, whether and how the term of their office is limited, what their rights and duties are in relation to other persons, whether they need court approval for any legal acts, whether and how they report to the court, and whether they are entitled to be reimbursed for all or some of the costs and to receive remuneration. A guardian who has not been appointed to make only specific legal acts is dismissed by a court where the need which led to the appointment no longer exists.
Before a guardian performs a legal act on behalf of the child to whom they were appointed, they will obtain the opinion of a parent or tutor, if possible, as well as the opinion of the child, and also the opinions of other persons, where appropriate.
The provisions on tutorship, tutors and persons under tutorship apply to guardianship, guardians and persons under guardianship with the necessary modifications.