Guardianship and trusteeship are legal mechanisms established to protect the rights and interests — both personal and property — of persons who do not have full legal capacity due to their age or other objective circumstances. In the context of children, these mechanisms apply where a child has lost parental care and needs a responsible adult to take on the role of legal representative.
Guardianship vs trusteeship: the distinction
Guardianship is established over children under 14 years of age. The guardian acts as the child’s full legal representative, making decisions on the child’s behalf and protecting their interests.
Trusteeship is established over minors between the ages of 14 and 18. The trustee does not act as a full legal representative but assists the minor in exercising their rights and gives or withholds consent to certain transactions.
In both cases, the guardian or trustee takes on the responsibility of raising the child without financial remuneration — they do not receive a benefit for the performance of this role as such. However, they are not personally obliged to financially maintain the child from their own funds — the child receives financial support from the state in the form of an allowance paid to the guardian or trustee.
Who may become a guardian or trustee?
A guardian or trustee must be an adult with full legal capacity, appointed by the guardianship and trusteeship authority. The following persons may not be appointed:
- persons diagnosed with chronic alcoholism or drug addiction;
- persons who have been deprived of parental rights by a court, or in respect of whom an adoption has been cancelled;
- persons whose children have been transferred to state care;
- persons who are legally incapacitated or have limited legal capacity;
- persons convicted by a court of intentional crimes;
- persons diagnosed with a condition that prevents them from performing the functions of a guardian or trustee.
Procedure for establishing guardianship or trusteeship
To initiate the process, the prospective guardian or trustee submits the following documents to the executive committee at their place of registration:
- application and autobiography;
- passport;
- photograph;
- certificate of no criminal record;
- health certificate;
- marriage certificate, if applicable;
- other documents as required.
Within one month, the guardianship and trusteeship department conducts an assessment of the applicant’s suitability — examining their living conditions, personal character and other relevant factors. If the assessment is positive, the applicant is issued a referral to meet with the child.
If a positive relationship develops through those meetings, the person may formally apply for the establishment of guardianship or trusteeship. From the moment the decision is made, the guardian takes the child into their home and acquires all the rights and obligations of a guardian or trustee under the law.
Guardianship and trusteeship bodies
The functions of guardianship and trusteeship bodies in Belarus are performed by the departments and directorates of education operating under local executive authorities, together with juvenile affairs commissions. These bodies are responsible for identifying and registering orphans and children without parental care, conducting inspections of living conditions of minors where necessary, and exercising ongoing oversight of guardians, trustees and adoptive parents.
The education departments of executive committees are the bodies empowered to make decisions on the establishment of guardianship and trusteeship over minors. They are also authorised to apply to court for deprivation of parental rights and for restoration of parental rights where the circumstances require it.
Rights and obligations of guardians and trustees
Guardians and trustees are obliged to raise the children in their care and to protect their personal and property interests. As noted above, they are not personally obliged to finance the child’s maintenance — the state provides an allowance for this purpose.
Certain transactions on behalf of the ward require the prior permission of the guardianship and trusteeship authority — most notably the alienation of immovable property belonging to the minor. The law prohibits civil transactions between a guardian and their ward, with the limited exception of donations to the ward where this does not harm the ward’s interests. Donations on behalf of children under 14 are not permitted.
Guardians and trustees are not statutory heirs of their ward upon the ward’s death. However, a guardian or trustee may be named as a beneficiary in a will by the testator.
Frequently asked questions
Can a foreign national become a guardian or trustee in Belarus? Yes, in principle — subject to meeting all the legal requirements and the assessment by the guardianship authority. Cases involving foreign nationals have additional procedural considerations. We advise on these on a case-by-case basis.
Can grandparents become guardians of their grandchildren? Yes — provided they meet all the legal requirements, including the health certificate and absence of disqualifying factors. Grandparents are among the most common guardians appointed in Belarus in practice.
Is the guardian financially responsible for the child? No. The guardian is responsible for raising the child and protecting their interests, but financial maintenance is provided by the state through an allowance. The guardian does not fund the child’s upkeep from personal resources.
Can guardianship be terminated? Yes. Guardianship terminates automatically when the child reaches 14 (converting to trusteeship) or 18 (when full legal capacity is acquired). It may also be terminated earlier by a decision of the guardianship authority — for example, if the guardian fails to fulfil their obligations or if parental rights are restored.
What transactions require the guardianship authority’s permission? The most significant is the alienation of immovable property belonging to the minor — selling, donating or otherwise transferring the child’s real estate. Any such transaction requires prior written permission from the guardianship and trusteeship authority.
From our practice
Guardianship established by grandparents following parents’ death. The grandparents of two children — aged 7 and 11 — came to us following the sudden death of both parents in an accident. Neither grandparent had previously dealt with the legal system. We guided them through the full process: preparing the application and supporting documents, accompanying them to the executive committee, advising on the health certificate requirements and arranging the assessment visits with the children. Guardianship was formally established within six weeks.
Foreign national seeking guardianship of a Belarusian child. A German national wished to become the legal guardian of his Belarusian nephew following the incapacitation of the child’s mother. The case involved additional procedural steps due to the foreign nationality of the proposed guardian, including coordination with the relevant Belarusian authorities on document recognition and the applicant’s suitability assessment. We managed the full process and guardianship was established successfully.
How we can help
Our advocates have extensive experience in guardianship and trusteeship matters in Belarus, including cases involving foreign nationals. We advise in English and Russian and can assist remotely.
We provide consultations on eligibility and procedure, full support through the application process, representation before guardianship authorities and courts, and advice on the ongoing rights and obligations of guardians and trustees.
📧 [email protected] 📞 +375 29 142 27 19
