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Professional Caregiver Appointment


You can apply for the appointment of a guardian if you are unable to take care of your affairs yourself.

If you think that another person needs help, you can initiate the appointment of a guardian at the guardianship court (district court).

A person who meets the wishes of the person concerned is primarily appointed as a caregiver. The guardianship court ultimately decides which person is suitable.

The appointment of a guardian can be reviewed and changed at any time if the situation has changed.

Process flow

The guardianship court investigates the facts of the case ex officio. It is supported in this by the guardianship authority. Before making a decision, the court must hear the person concerned in person (with a few exceptions). For this purpose, the court sets a date in which the proceedings are discussed with the person concerned and also who can be considered as a guardian. As a rule, the wishes of the person concerned must be complied with. The person concerned can file applications and appeals in the proceedings.

If he is not in a position to adequately look after his or her own interests, the court appoints a guardian ad litem for him. Before appointing a guardian, the guardianship court usually obtains a medical expert's report. The decision of the court is notified to the person concerned, the guardian, the guardian ad litem and the guardianship authority.

If the situation changes, the appointment of a guardian can also be amended, revoked or reordered.

Competent authority

Please contact the locally competent guardianship court (district court).

You can get support from the care authority of your independent city or district or from the recognized care associations.

Requirements

A guardian can only be appointed by the court. The guardianship court examines whether and for which tasks a legal guardian must be appointed for an adult. The prerequisite is that the person is unable to take care of his or her legal affairs due to illness or disability. In addition, the appointment of a guardian must be necessary, for example because there is no power of attorney.

The guardianship court proceedings are initiated at the request of the person concerned. Other persons can initiate the proceedings at the guardianship court.

Which documents are required?

The application or suggestion for guardianship can be submitted informally to the guardianship court. It is helpful if you give a brief justification and tell us for which tasks legal guardianship is to be set up. If documents such as medical reports (or similar) are available, you can submit them.

You can also contact the locally responsible care authority. The guardianship authority advises on general questions of guardianship law and on assistance to avoid care. It may notify the guardianship court in individual cases if the appointment of a guardian appears necessary to avert considerable dangers for the person concerned.

What deadlines do I have to pay attention to?

The court shall provide information on the time limits to be observed in court proceedings, in particular on time limits for appeal.

Processing duration

The duration of the guardianship court proceedings depends on the circumstances of the individual case. A duration of six months is common, but it can take longer in individual cases.

Appeal

An appeal against the decision of the guardianship court can be filed within the period specified in the decision (1 month). An application for the cancellation of the care can be submitted at any time.

Comments

The appointment of a caregiver can be a great relief. But it is also good if you make your own provisions. You can already designate a person who will legally represent you by means of a power of attorney. The care associations in the vicinity will be happy to advise you on this.

It is important to know that spouses cannot automatically represent each other. There is only a right of emergency representation for a short time in medical matters. For all other matters and for longer medical matters, a power of attorney must be available. Otherwise, a guardian will be appointed. The spouse can also be appointed as a guardian.

Technically approved by

Lower Saxony Ministry of Justice

Author

The text was automatically translated based on the German content.

Data protection information


Landesbeauftragte für den Datenschutz Niedersachsen
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Telephone: +49 511 12045-00
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Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)