Support - Application for the establishment of a support procedure

Procedure

• After receipt of the suggestion/application, a file is created at the guardianship court and submitted to the responsible district judge. On the basis of the judge's order, a medical opinion is regularly obtained and the guardianship authority is heard.
• Before the guardianship is set up, the judge hears the person concerned in person in order to form his own impression. Only when the personal hearing has taken place and all requirements have been met is legal guardianship established.
• In particularly urgent cases, a provisional guardianship can also be set up under certain conditions (e.g. danger to life and limb)
• the hearing of the person concerned then takes place as soon as possible after the guardianship has been set up.
• In principle, anyone can become a guardian if he or she is confident that he or she can comprehensively look after the interests of the person concerned. However, this also presupposes suitability, which is checked in particular as part of the investigation by the guardianship authority. As far as possible, the court appoints the person suggested by the person concerned. If the person concerned does not propose a suitable person and no voluntary guardian (e.g. family members, friends, acquaintances) is available, a professional guardian (e.g. social pedagogues, social workers, lawyers) is appointed. These have suitable training for this and are particularly well versed in the management of guardianships, usually having worked for many years.
• At least every seven years, the guardianship judge reviews the need for guardianship ex officio. Once the judicial decision on the establishment of the guardianship has been made, the guardian is committed to the office by the guardianship officer. At the same time, the guardian's identity card is handed over, which can be used for legitimation purposes (e.g. with credit institutions, health insurance companies, pension providers). A commitment interview is only held with volunteer guardians. During the interview, comprehensive explanations of the law on guardianship are given, and leaflets are also provided for further study of the subject matter. Reference is made to offers of assistance.

Legal bases

• §§ 1814 ff Bürgerliches Gesetzbuch (BGB)

More information

If possible, a medical certificate is to be submitted with the application (e.g. family doctor, specialist).
In principle, statements, applications or other requests must be submitted to the court in writing.