Guardianship Act - Counseling and Support

When a Guardian Is Appointed by a Court

A court-appointed guardian is appointed only when necessary. Therefore, if:

• the affairs cannot be managed by an authorized representative
• no support services can be arranged, or if
• legal representation is necessary but no authorized representative is available.

Legal incapacitation no longer exists. The focus is on the wishes and will of the person under guardianship.

Types and Selection of a Guardian

There are volunteer guardians and professional guardians. The selection of a guardian is based on the wishes of the person under guardianship and the guardian’s established suitability in each individual case. Volunteer guardians are given priority.

Providing Professional Guardianship Services—An Interesting Field of Work

There is a need for new professional guardians in Jena. The guardianship authority accepts registration applications. With the reform of guardianship and conservatorship law effective January 1, 2023, basic knowledge requirements have been established that professional guardians must meet at a minimum. Further details are set forth in a statutory regulation accompanying the new Guardianship and Guardianship Organization Act: the Guardian Registration Regulation

After submitting an application and meeting all requirements regarding personal suitability, reliability, and expertise, professional guardians receive a notice of registration and are entered into the new Professional Guardian Registry. Compensation is paid on a flat-rate basis depending on qualifications and the specifics of the case, as governed by the Guardianship and Guardianship Compensation Act

Sample forms and other information can be found in the download section. If you are interested, you can obtain specific information under “Guardian Registration.”

Serving as a volunteer guardian—is this a role 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.  Family members appointed by the guardianship court are also volunteer guardians. In the context of asset management, they are exempt from accounting requirements and restrictive regulations regarding asset investment. With the reform of guardianship and conservatorship law, effective January 1, 2023, the competent local authority must assess a volunteer guardian’s suitability and reliability before proposing them to the guardianship court. Volunteer guardians are entitled to a lump-sum expense allowance of €425.00 per year; they are inducted by the guardianship court and receive counseling, training, and support from the guardianship authority and the “Grenzenlos” association. Since January 1, 2023, they are also entitled to a support agreement. Information sheets and helpful resources for demonstrating eligibility requirements can be found in the download section.

Duties of the Guardian

The guardian must manage the affairs of the person under guardianship and provide personal care within a scope of responsibilities determined by the court.

In doing so, they must act in the best interests of the person under guardianship and, to the best of their ability, help them shape their life according to their own wishes and ideas. They must also generally respect the wishes of the person under guardianship and discuss important matters with them. They must pay particular attention to the rehabilitation of the person under guardianship.

The areas of responsibility for a guardian may include:

• Management of assets
• Representation in dealings with government agencies and insurance matters
• Health care
• Measures involving deprivation of liberty and placement (regulated by placement proceedings—in Jena, there is a working group on this topic— Pflegeinitiative Jena, which focuses on reducing measures involving deprivation of liberty)

Reservation of Consent

If necessary to avert a significant danger to the person or property of the ward, the guardian may be granted a reservation of consent. In such cases, the ward must always obtain the guardian’s consent for all legal transactions.

Oversight by the Guardianship Court

A guardian is appointed, advised, and supported by the guardianship court, but is also subject to its oversight.

The guardian requires the guardianship court’s approval for many decisions: in particular, for dangerous medical procedures, placement in a facility that restricts freedom, changes regarding the ward’s living arrangements, and financial investments.