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Support - Sale of property / property transactions

  • Gesundheit und Vorsorge
  • Bauen und Wohnen 



    	    

		    
The guardian requires the approval of the guardianship court to dispose of a property (sale) or a right to a property (e.g. encumbrance by land charges).

		    


                					    

						    

							    Competent Department
						    

						    
					    

                        
					    

						    

							    Basic information
						    

						    

							    

								    
  • If the guardian intends to sell the real estate of the person concerned, a corresponding application must be made to the court. Before doing so, the guardian should contact the responsible judicial officer in good time and discuss the further procedure. The prerequisite for this is that the guardian is responsible for the area of responsibility for housing matters or the sale of the house. The sole area of responsibility of asset management is not sufficient. The same applies to a desired encumbrance of the real estate. A sale or encumbrance is not possible without the approval of the guardianship court.
  • As a rule, the corresponding application is made under the power of attorney of the notary public, who corresponds with the court in the approval procedure. In advance, the guardian can already approach the court and also submit a draft purchase agreement for preliminary review. The guardianship court approves the concrete declarations of the guardian within the framework of the notarial certification
  • a blanket granting of approval is not possible.
  • The person concerned is heard either by the court or by a guardian ad litem who is to be appointed by order and who is to exercise the rights of the person concerned. As a rule, the court orders procedural guardianship. The guardian ad litem will examine the case, contact the person concerned and submit a statement to the court.
  • The court decides by order, which must become final. In addition to the application for approval by the guardianship court, an application must also be made for the issuance of a copy of the decision with a certificate of finality.
								    

									    Requirements
Area of responsibility: Housing affairs/house sale; application by the guardian. 

 A separate form does not exist. Corresponding applications can be made informally. However, the written form of the application is mandatory.

								    
What documents do I need?
    
    
  • Written application by a party to the proceedings        
    Written application by a party to the proceedings

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  • notarized sales contract with conveyance        
    notarized sales contract with conveyance

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  • Extract from the land register        
    Extract from the land register

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  • Medical certificate        
    medical certificate    which must show that and why the person concerned can no longer live in his/her house or apartment, even with the help of outpatient care services

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  • Valuation report        
    Valuation report of a publicly appointed and sworn expert / short appraisal (possibly consultation with the responsible judicial officer necessary)

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