Care Act - advice and support

When a guardian is appointed by the court

A court-appointed guardian is only appointed if it is necessary. So if:

• the matters cannot be dealt with by an authorized representative
• no supportive assistance can be arranged or if
• legal representation is necessary but no authorized representative is available.

There is no longer any incapacitation. The focus is on the wishes and will of the person being cared for.

Types and selection of a guardian

There are honorary guardians and professional guardians. The selection of a caregiver is based on the wishes of the person being cared for and the suitability of the caregiver in the individual case. Voluntary caregivers have priority.

Providing professional care - an interesting field of activity

There is a need for new professional guardians in Jena. The guardianship authority accepts applications for registration. The reform of guardianship and care law from 01.01.2023 defines the basic knowledge that professional caregivers must have as a minimum. Further details are regulated in a legal ordinance on the new Care Organization Act Caregiver Registration Ordinance(link is external)

After submitting an application and meeting all the requirements regarding personal suitability, reliability and expertise(link is external), professional caregivers receive a registration certificate and are entered in the new register of professional caregivers. Remuneration is based on qualifications and the case constellation in the form of a lump sum, regulated in the Guardianship and Caregiver Remuneration Act(link is external)

Sample forms and other information can be found in the download area. If you are interested, you can obtain specific information under Caregiver registration.

Voluntary guardianship - a task for you?

A volunteer guardian helps people with various legal matters in their lives and supports them in making decisions. Their skills, knowledge and life experience benefit another person. Relatives who are appointed by the guardianship court are also honorary guardians. They are exempt from accounting and from restrictive regulations regarding the investment of assets. With the reform of guardianship and care law, from 01.01.2023, the competent parent authority must check the suitability and reliability before a volunteer guardian is proposed to the guardianship court. Volunteer guardians are entitled to a flat-rate expense allowance of €425.00 per year, are introduced by the guardianship court and are advised, trained and supported by the guardianship authority and the "Grenzenlos" association. Since 01.01.2023, they are also entitled to an accompanying agreement. Information sheets and helpful information on how to provide proof of eligibility requirements can be found in the download area.

Tasks of the supervisor

The guardian has to take care of the affairs of the person being cared for within a scope of duties defined by the court and to provide them with personal support.

In doing so, they must respect the welfare of the person being cared for and organize their life according to their own wishes and ideas within the scope of their abilities. They must also comply with the wishes of the person being cared for and discuss important matters with them. Special attention must be paid to the care recipient's rehabilitation.

The areas of responsibility of a guardian can be

• Property care
• Representation in official and insurance matters
• health care
• Measures involving deprivation of liberty and accommodation (regulated in the accommodation procedure - in Jena there is a working group on this - Pflegeinitiative Jena(link is external), which deals with the reduction of measures involving deprivation of liberty)

Reservation of consent

If it is necessary to avert a significant danger to the person or property of the person being cared for, the caregiver can be given a reservation of consent. In this case, the person being cared for always requires the consent of their guardian for all legal transactions.

Control by the guardianship court

A guardian is introduced, advised and supported by the guardianship court, but is also monitored.

They require the approval of the guardianship court for many decisions, particularly in the case of dangerous medical interventions, custodial placements, changes to the person's living space and financial investments.