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Emergency

Legal guardianship: when it is needed and how you get a say

When someone can no longer manage their affairs due to illness or disability, the court can order a legal guardianship. Since the reform, self-determination is at the center of this, and there are clear limits.

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A legal guardianship is only set up insofar as it is necessary (§ 1814 BGB), and only for the areas of responsibility that the person concerned really cannot manage themselves. Other forms of help and an existing health care power of attorney take priority.
The wishes of the person under guardianship are decisive; the guardian must observe them and promote self-determination. You can propose a person of your choice as guardian and appeal against decisions of the guardianship court.

What you should do now

  1. 1

    1. Check the alternatives

    Does a health care power of attorney or other help suffice? Then no guardianship is needed.

  2. 2

    2. Limit the areas of responsibility

    A guardianship may only cover the areas that are truly necessary; watch out for this.

  3. 3

    3. Name a preferred guardian

    You can propose a trusted person as guardian; the court should follow this if it serves your welfare.

  4. 4

    4. Use legal remedies

    You can lodge a complaint against the appointment or the choice of guardian.

Frequently asked questions

When is a legal guardianship ordered?

Only if an adult cannot manage their affairs fully or partly due to an illness or disability and no higher-priority help (for example a health care power of attorney) suffices (§ 1814 BGB). It is limited to the necessary areas of responsibility.

Can I influence who becomes my guardian?

Yes. You can propose a preferred person, and the guardianship court should follow this wish, provided it does not run counter to your welfare. Your wishes are also decisive during the guardianship. You can lodge a complaint against the appointment or the person of the guardian.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.