Supervision - Change of supervisor

Procedure

• After receipt of the application, the case is submitted to the competent judge for a decision.
• As a rule, a written statement is obtained from the defendant or a judicial hearing is scheduled. If necessary, the guardianship authority is commissioned to determine the suitability of a potential new guardian, or of the former guardian.
• The court decides by order after making the appropriate determination. This can be contested with the admissible legal remedy of an appeal. This must be lodged within one month of receipt of the order. The court order shall refer to the admissible appeal as well as the form and time limit in the instructions on appeal.
• If the change of guardian is implemented, further procedural pleadings shall be prepared by the competent judicial officers and forwarded to the parties to the proceedings.

Legal bases

• §§ 1814 ff Bürgerliches Gesetzbuch (BGB)

More information

In principle, statements, applications or other requests must be submitted to the court in writing. Motions/suggestions are also possible in formless power of attorney.