The law on guardianship regulates the legal care of a person of full age who is in need of assistance. For this purpose, a guardian is appointed who supports the person under guardianship in the legal management of his or her affairs and who can represent the person under guardianship in legal acts as a legal representative. The aim of the 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 cannot manage his or her own affairs in whole or in part due to an illness or disability and legal guardianship is required. The court order of a guardianship does not automatically mean that the person concerned becomes legally incapable. He or she can conclude sales contracts, rental agreements and other contracts. Only if an adult significantly endangers himself or his assets, the court will order a so-called consent reservation. Then the person under guardianship can only make legally effective declarations of intent with the consent of his or her guardian.

A guardianship order is not necessary if the affairs of the person under guardianship can be handled in whole or in part by other private or public assistance. In particular, a guardianship can be dispensed with if the person concerned has granted someone else a power of attorney (known as a health care proxy) in anticipation of a later need for assistance due to age or illness.

Tip:
Anyone who wants to safeguard their personal ideas, wishes and needs as comprehensively and in good time as possible in the event of their later need for assistance is well advised to establish these already in "healthy days". This can be done by

• health care power of attorney,
• care proxy and
• living will.