Guardianship for unknown parties Order
By appointing a nurse, a matter can be settled both factually or legally, even if one of the persons involved is unknown. For example, a caregiver can be appointed to deal with a community of heirs with an unknown party. Even if an association has gone under due to the loss of all members, a caregiver can be appointed to manage the assets
Who should I contact?
The locally competent guardianship court
Requirements
- Unknown person involved
In the case of the legal matter to be settled, it is unknown who is involved or to what extent he is entitled to the matter.
- Need for care
The settlement of the matter must be necessary.
Applications / forms
Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance required: No
Which documents are required?
- Notification to the guardianship court.
- Justification
The justification should describe the matter and the need for care.
- Documents for own investigations, if available.
What are the fees?
Note: The court charges costs for the management of the guardianship. In addition, there is the remuneration for the work of the nurse.
Costs are charged in accordance with the Court and Notary Costs Act (GNotKG). In childcare matters, fees are only charged to the person concerned if, at the time the respective fee is due, his assets after deduction of liabilities exceed € 25,000
URL: https://dejure.org/gesetze/GNotKG
In concrete terms, either
- Annual fees for long-term guardianship pursuant to No. 11104 of Annex 1 to the GnotKG in the amount of € 10.00 per € 5,000.00 or part thereof of the pure assets – at least € 200.00 (URL: https://dejure.org/gesetze/GNotKG/Anlage_1.html) or
- A fee for the procedure in general for a guardianship for individual legal acts at least € 19.00 (URL https://dejure.org/gesetze/GNotKG/Anlage_2.html) charged.
If the long-term guardianship does not last longer than three months, the fee is € 100.00, notwithstanding the minimum amount specified in the fee column.
Process flow
The procedure is determined by the guardianship court as soon as it becomes aware of the possible need to establish a guardianship. The investigations are carried out ex officio.
The appointment of a caregiver is made by resolution. A caregiver may only be appointed if he/she has agreed to do so, § 1885 of the German Civil Code (BGB).
The guardianship ends by operation of law when the matter has been settled, § 1887 Abs. 2 BGB, or by judicial annulment (§ 1886 Abs. 2 BGB), if the reason for the appointment has ceased to exist,
What deadlines do I have to pay attention to?
Under certain circumstances, deadlines are set by the matter to be settled.
Processing duration
The processing time depends on the individual case.
Appeal
Anyone whose rights are impaired can lodge a complaint, § 11 paragraph 1 RPlfG in conjunction with § 58 FamFG
