Legal support
If you are of legal age, have not made any provisions, other assistance is not possible and you are no longer able to manage all or part of your legal affairs yourself due to illness or disability, the guardianship court will appoint a legal guardian for you (Sections 1814 - 1820 BGB).
A carer may not be appointed against your free will, only if this is necessary and only for those areas of responsibility that you cannot manage yourself. Areas that you can manage independently may not be assigned to a carer.
If, for example, you can no longer manage your own household or leave your home, this does not usually justify the appointment of a carer. In such situations, practical help from relatives or social services is required. It is therefore always checked whether you can be supported by counselling services and social services to help you cope with your life situation.
The local court (guardianship court) where the person to be looked after has their centre of life (habitual residence) is responsible for appointing a guardian. The guardianship procedure is initiated at the request of the person of legal age or ex officio - usually at the suggestion of relatives, neighbours or authorities. The use of application forms is recommended.
The guardianship authority supports the guardianship court and suggests suitable persons as guardians; requests for the appointment of a specific person as a guardian are usually honoured.
Care can be provided by suitable voluntary carers or professional car ers.
Professional car ers must register with the guardianship authority (parent authority). They can only be registered if they are suitable and reliable, have sufficient expertise and are insured against professional risks (§ 23 BtOG).
Voluntary carers must be personally suitable and reliable (Section 21 BtOG). They may have close family or personal ties to the person concerned (family carers). However, so-called external carers can also be appointed.
Contact persons for voluntary carers
The first points of contact for volunteer carers are the recognised care associations (§ 15 BtOG).
- Association for legal care e. V., Ulmenstraße 43, 09112 Chemnitz
Tel.: 0371 35424913
E-mail:i.tuphorn(at)vfrb.de
Internet:www.vfrb.de
- Support organisation "Netzwerk Behindertenhilfe e. V.", Jägerstraße 8, 09111 Chemnitz
Phone: 0371 23879560
E-mail:info(at)betreuungsverein-chemnitz.de
Internet: www.betreuungsverein-chemnitz.de
- Counselling association DELEGADO e. V., Zschopauer Straße 134, 09126 Chemnitz
Tel. 0371 24352483
E-mail: info(at)delegado.de
Internet: www.delegado.de
Further information
Brochure "Betreuungsrecht" with detailed information on health care proxies