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Have your guardianship order certified


If you need a guardian to deal with your affairs, the court will also hear you as part of the guardianship proceedings on the question of who you want as a guardian. If you are no longer able to comment, the court must take into account any wishes that you have previously determined.

In this case, you can make a written precautionary disposition for the care case, also known as a "care order". In it, you can determine who you want to be your caregiver. You can also specify who should not be considered as a caregiver under any circumstances.

In addition to any wishes regarding the person of the caregiver, you have the option of regulating further requirements for a later care case in a guardianship order. For example, you can make orders on the following questions:

  • Do I want to maintain my standard of living in the event of care? Should my assets be used up if necessary?
  • If I need to be admitted to a nursing home, would I like to live in a particular home?
  • Who would I like to be cared for in the event of a need for care?

These are just suggestions. Your individual situation is decisive.

Note: For reasons of evidence, the guardianship order should be written and signed by you with the place and date. The Federal Chamber of Notaries maintains a central pension register in which you can store all your data (www.vorsorgeregister.de).

The public certification of your signature can increase the acceptance of a power of attorney granted by you. You can have your guardianship order publicly certified by the locally responsible care authority. However, public certification cannot replace notarial certification in all cases.

Tip: If you involve a notary in complicated legal matters, seek legal advice if necessary.

In addition, hospital and retirement home social services often also provide advice on care orders.

Process flow

Visit the guardianship authority in person with the guardianship order and your identity document.

In the presence of the clerk ("notary"), you personally put your signature on the documents to be signed.

The notary compares the identity and signature and attaches a certification note and the official seal to the documents.

Who should I contact?

To the local care authority in the district and the independent city

Requirements

There are no special requirements for submitting an application. Your authority may require an appointment to be made.

Which documents are required?

  • Health care proxy/declaration of care in the original
  • Identity card or passport (passport only in combination with a current registration certificate)

What are the fees?

The supervisory authority receives a fee of EUR 10.00 for a certification, unless the federal state has specified other fees and expenses.
If there is need, the fee can be waived.

What deadlines do I have to pay attention to?

The application is not subject to a time limit.

Processing duration

As a rule, the certification takes place directly at the appointment on site.

Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: No

Appeal

None

Technically approved by

Lower Saxony Ministry of Justice

Author

The text was automatically translated based on the German content.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)