Establish legal guardianship
Performance specification
If a person is permanently unable to manage their own affairs due to illness or disability, they need a legal guardian to act on their behalf and represent them. This can be a close person (spouse, child, friend) but also a volunteer or a professional carer.
If the person concerned has not decided who should be their legal carer in an emergency, the guardianship court (formerly "guardianship court") must appoint a carer.
If you would like to look after your relative yourself without the need for a court guardianship procedure, your relative should grant you a so-called power of attorney in good time (i.e. when they are legally competent). If the person concerned is not in a position to apply for legal guardianship themselves, any third party can apply to the court to have one set up (relatives, social services, doctors).
The guardianship court decides on the type and scope of the guardianship. It appoints and dismisses the carer. The court bases its decision on its own direct impression (judicial hearing), on a medical report and, if necessary, on a social report from the local care authority (central contact point for all matters relating to legal care at the district administration office, in cities with district status at the city administration).
Process flow
Temporary injunction
The procedure described above requires extensive investigations by the guardianship court and takes some time. However, it is often necessary to act quickly. In this case, the court can appoint a temporary carer, dismiss a carer or extend their scope of duties in a simplified procedure by means of an interim order.
Such an urgent measure is only permitted under certain conditions. A temporary order may not last longer than one year.
In particularly urgent cases (example: placement of the person concerned), the guardianship court itself can take the necessary measures as long as no guardian has been appointed and is unable to fulfil their duties.
See also the brochure "Betreuungsrecht" (Hessian Ministry of Justice and Hessian Ministry for Social Affairs and Integration)
Requirements
The person concerned is unable to manage his or her own affairs because of a physical, mental or psychological disability or because of a mental illness.
Which documents are required?
None
However, the suggestion should be made in writing.
What are the fees?
If the assets of the person in care exceed 25,000.00 euros after deduction of all liabilities:
- Court costs in the context of care (fees and expenses, in particular a lump sum for documents and expenses for experts)
- 10.00 Euro per year for every 5,000.00 Euro or part thereof by which the assets of 25,000.00 Euro are exceeded for permanent care (at least 200.00 Euro per year)
What deadlines do I have to observe?
- Cancellation or extension of the guardian appointment: after 7 years at the latest
- Appeal against the decision of the guardianship court: within one month
Legal basis
Appeal
Legal remedies
Decisions of the guardianship court can be contested by means of an appeal.
The regional court decides on the appeal. An appeal may be lodged with the Higher Regional Court against the decision of the Regional Court.
Comments
The guardianship must not last longer than necessary. The court must decide on the cancellation or extension of the appointment of a guardian after 7 years at the latest.
Note: Should a quick decision be necessary, this is possible by way of an interim injunction.
Who do I need to contact?
To the guardianship court at the local court in whose district the person concerned has their habitual residence, i.e. their actual centre of life.
You can find the court responsible for your location and your concern in the local and court directory, which is maintained jointly by the federal government and the federal states.