Establish legal guardianship
Performance specification
If a person is permanently unable to manage his or her own affairs because of illness or disability, he or she needs a legal guardian to act on his or her behalf. This can be a close person (spouse, child, friend) but also a volunteer or a professional guardian.
If the person concerned has not decided who should legally look after him or her in an emergency, the guardianship court (formerly "Vormundschaftsgericht") must appoint a guardian.
If you would like to take care of your relative yourself, without the need for a judicial guardianship procedure, your relative should grant you a so-called power of attorney for precaution in good time (i.e. in the state of legal capacity). If the person concerned is not able to apply for legal guardianship himself or herself, any third party can request the court to establish such guardianship (relatives, social services, doctors).
The guardianship court decides on the type and scope of guardianship. It appoints and dismisses the guardian. 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 guardianship authority (central contact point for all matters relating to legal guardianship at the district administration office, in independent cities at the municipal administration).
Process flow
Interim order
The procedure described requires extensive investigations by the guardianship court and takes some time. However, it is often necessary to act quickly. In such cases, the court can appoint a temporary guardian, dismiss a guardian or extend the scope of the guardian's duties in a simplified procedure by means of an interim order.
Such an urgent measure is only permissible 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 may take the necessary measures as long as no guardian has been appointed and cannot fulfil his/her duties.
See also the brochure "Betreuungsrecht" (Hessian Ministry of Justice and Hessian Ministry of 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
Appeals
Decisions of the guardianship court may be appealed.
The Regional Court decides on the appeal. An appeal against the decision of the Regional Court may be lodged with the Higher Regional Court.
Comments
Thecare must not last longer than necessary. After 7 years at the latest, the court must decide on the termination or extension of the guardianship appointment.
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 his or her habitual residence, i.e. actual centre of life.
You can find the court responsible for your place and your request in the local and court directory, which is jointly maintained by the federal government and the Länder.