Absentee caregiver appointment
A guardianship in absentia is established by the guardianship court. The decisive factor is whether a person is of unknown residence or cannot visit a specific place in time to settle a property matter. In addition, there must be a need for care. This can be, for example, the acceptance or waiver of an inheritance, the application for a certificate of inheritance, the termination of an apartment, the sale of a property in case of over-indebtedness.
Absente adult
The property matter to be settled involves an adult whose whereabouts are generally unknown and not only to the applicant.
Need for care
The settlement of the property matter must be necessary.
- Application
You must submit the application in writing.
- Justification
In the explanatory statement, you must describe the property matter and the need for care.
- Documents for own investigations
Before you submit the application, you must have tried to determine the residence of the adult yourself, e.g. at the State Residents' Office or the Registry Office.
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.
No deadlines
Under certain circumstances, deadlines are set by the matter to be settled, e.g. waiver of inheritance.
The processing time depends on the individual case.
Forms available: No
Written form required: Yes
Informal application possible: Yes
Personal appearance required: No
The absent person or the caregiver has the possibility to lodge a complaint, § 58 FamFG
Lower Saxony Ministry of Justice
The text was automatically translated based on the German content.
