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Make provisions in good time! We will be happy to advise you on guardianship law!
Every person, no matter whether old or young, can come - be it by accident, illness or age phenomena - into a situation, where he or she is no longer able regulate partial areas of his life independently. Contrary to widespread belief, it is not simply the spouse or children who can make the necessary decisions. Rather, the family court must appoint a legal guardian in such a case. If there is no family, if the family is not known to the court or unwilling to take over the legal care, the court appoints the judicial caregiver.
A care procedure can be initiated by the person concerned himself, but often such a procedure is initiated by family members, possibly also by third parties, e.g. neighbours, hospitals, care services or the like, with the result that a care procedure is then carried out under the "supervision and control" of the family court.
Of course, there is a need for advice for all those affected by such a care procedure, especially since various legal remedies can of course be used to intervene in the procedure at any time. Contact our law firm with confidence.
Make provisions in good time with a precaution power (Vorsorgevollmacht)
As a precautionary measure, the necessity of setting up a court-appointed guardian can be avoided by establishing a precautionary power. The precautionary power authorizes another person with the perception of single or all affairs, if independent acting is no longer possible.
Similar to a living will (Patientenverfügung), in which the person concerned specifies the type of medical care desired in the event that the he or she can no longer express him- or herself, the representative may act in the interest of the person being treated without the need for further measures. The court is only involved if control of the authorised representative or court approval for the protection of the person concerned is necessary. The precautionary power thus allows for a high degree of self-determination.