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 express yourself, the court must take into account wishes that you have previously determined.
In this case, you can make a written precautionary disposition for the case of care, also known as a "guardianship order". You can use it to determine who should become your supervisor. You can also specify who should not be considered as a supervisor 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 care 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 home, do I want to live in a specific home?
- Who would I like to be cared for by in the event of a need for care?
These are just suggestions. Your individual situation is decisive.
Note: For reasons of proof, the guardianship order should be drawn up in writing 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 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 care order publicly certified by the local 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 advise on care directives.
Process flow
Visit the guardianship authority in person with the guardianship order and your identity document.
In the presence of the staff member ("notary"), you put your own signature on the documents to be signed.
The notary compares the identity and signature and provides the documents with a certification note and the official seal.
Who should I contact?
To the local care authority in the district and the district-free city
Requirements
There are no special requirements for applying. It is possible that their authority provides that an appointment must be made.
Which documents are required?
- Power of attorney for health care/original declaration of care
- Identity card or passport (passport only in conjunction with a current registration certificate)
What are the fees?
The supervisory authority receives a fee of EUR 10.00 for certification, unless the federal state has stipulated 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 deadline.
Processing duration
As a rule, certification takes place directly at the on-site appointment.
Applications / forms
Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance required: No
Appeal
None
What else should I know?
Guardianship law - Brochure of the Federal Ministry of Justice
Have your health care proxy and care directive registered in the Central Pension Register
Supporting institutions
Addresses of care associations can be obtained from the local care center/care authority or the care court at the district court.
Care register of the State Working Group of the Free Welfare Service in Lower Saxony e. V.
Technically approved by
Lower Saxony Ministry of Justice
Author
The text was automatically translated based on the German content.
