Protective measures: Custodianship (Betreuung); Continuing power of attorney (Vorsorgevollmacht)
Legal Framework:
- German Civil Code (BGB): §§ 1814-1872 regulate custodianship and powers of attorney.
- Court and Procedural Laws: §§ 271 et seq. of the FamFG (Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction) and § 23c GVG (custodianship court jurisdiction)
Competent authorities: Custodianship courts (Betreuungsgericht) within district courts handle custodianship matters
Access requirements:
- A custodian is appointed only if necessary and if no effective power of attorney exists.
- The person must be 18+ years old and unable to manage their affairs due to illness or disability.
- Custodianship cannot be imposed against the person’s free will.
- Professional custodians are appointed only if no suitable volunteer is available.
Procedure:
- Initiation: The custodianship court starts proceedings either ex officio or upon request.
- Appointment: The court selects a custodian considering the person’s wishes.
- Scope of Custodianship: Defined in the appointment order and limited to necessary duties.
- Supervision: The court monitors custodianship through reporting obligations and financial oversight.
- Termination: Custodianship ends if conditions are no longer met, the custodian is removed, or the person under custodianship dies.