Service Finder
Guardianship law
Service Description
Guardianship law regulates the legal care of a person of legal age who is in need of assistance. For this purpose, a guardian is appointed who supports the person being cared for to manage their affairs legally and who can represent the person being cared for in legal acts as their legal representative. The aim of guardianship law is to preserve the dignity and self-determination of the person under guardianship.
The guardianship court at the locally competent district court orders legal guardianship if an adult is wholly or partially unable to manage their own affairs due to illness or disability and legal guardianship is required. The court order for guardianship does not automatically mean that the person concerned becomes legally incapable. They can conclude purchase contracts, rental agreements and other contracts. Only if an adult puts themselves or their assets at considerable risk will the court order a so-called reservation of consent. In this case, the person under guardianship can only make legally effective declarations of intent with the consent of their guardian.
It is not necessary to order guardianship if the affairs of the person being cared for can be dealt with in whole or in part by other private or public assistance. In particular, care can be dispensed with if the person concerned has granted someone else a power of attorney (so-called precautionary power of attorney) in anticipation of a later need for help due to age or illness.
Tip:
If you want to safeguard your personal ideas, wishes and needs as comprehensively and in good time as possible in the event that you need help in the future, you are well advised to define them while you are still "healthy". This can be done by
- Healthcare proxy,
- care directive and
- living will.
Process flow
The guardianship court investigates the facts of the case ex officio and is supported by the guardianship authority. Before making a decision, the court must hear the person concerned in person (with a few exceptions). The court will set a date for this, at which the procedure will be discussed with the person concerned and who can be considered as a guardian. The person concerned can submit applications and appeal in the proceedings. If he or she is not in a position to adequately safeguard his or her own interests, the court will appoint a guardian ad litem for him or her. Before appointing a guardian, the guardianship court usually obtains an expert medical opinion. The court's decision is communicated to the person concerned, the guardian, the guardian ad litem and the guardianship authority.
Who should I contact?
To the guardianship court at the locally competent district court.
Requirements
A guardian can only be appointed by the court. In the guardianship court proceedings, the guardianship court examines whether and for which tasks a legal guardian must be appointed for an adult. The prerequisite is that the adult is unable to manage their legal affairs due to illness or disability and that a legal guardian is required for this because no power of attorney has been granted and other forms of support are no longer sufficient.
The guardianship court proceedings are initiated at the request of the person concerned or if other persons, such as family members, friends or employees of authorities, suggest legal guardianship.
Which documents are required?
The application or suggestion for legal guardianship can be submitted informally to the guardianship court. It is helpful if you provide a brief statement of reasons and state the tasks for which legal guardianship is requested or suggested and which documents (such as medical reports or similar) are available.
You can also contact your local care authority. The guardianship authority advises on general questions of guardianship law and on assistance to prevent guardianship. It can inform the guardianship court in individual cases if the appointment of a guardian appears necessary to avert considerable dangers for the person concerned.
What are the fees?
The guardianship court charges costs in accordance with the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (Court and Notary Costs Act - GNotKG). The circumstances of the individual case are decisive, in particular the specific subject matter of the court proceedings and the expenses incurred (e.g. for an expert opinion). Certain asset and income limits apply to affected parties, below which they are not liable for court fees and expenses.
What deadlines do I have to pay attention to?
The court shall provide information on the time limits to be observed in court proceedings, in particular on time limits for appeals.
Processing duration
The duration of the guardianship court proceedings depends on the circumstances of the individual case.
Legal basis
Applications / forms
The court shall provide information on legal remedies in court proceedings.
Appeal
Forms/online services available: No
Written form required: No
Informal application possible: Yes
What else should I know?
Author
The text was automatically translated based on the German content.
Technically approved by
TMMJV
Professionally released on
20.10.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Amtsgericht Stadtroda
Postal address
07641 Stadtroda
Address
07646 Stadtroda
