Applying for the appointment of a guardian

• Guardianship includes the handling of all matters determined by the court for the person under guardianship
• The execution must be in the best interests of the person being cared for and also includes the possibility for the person being cared for to organize their own life within the scope of their abilities.
• The guardian must comply with the wishes insofar as this is not contrary to the best interests of the person being cared for and is reasonable for the guardian. This also applies to wishes expressed by the person being cared for prior to the appointment of the caregiver.
• Within the scope of his or her duties, the guardian shall promote the elimination of the illness or disability, its improvement or the prevention of a worsening. In the case of professional care, the caregiver draws up a care plan at the beginning of the care by order of the court, which sets out the goals of the care and the measures to be taken.
• If the guardian becomes aware of circumstances or possibilities for restricting the scope of duties that would allow the guardianship to be terminated, he or she must inform the guardianship court of this.

The court charges the person concerned fees based on the value of their net assets.

• §Section 1896 of the German Civil Code (BGB)
• §1901 of the German Civil Code (BGB)
• §Section 1902 of the German Civil Code (BGB)

• Guardianship law - With detailed information on health care proxies

Federal Ministry of Justice and Consumer Protection

17.05.2018