Appointment of a guardian - guardianship proceedings

Within the areas of responsibility assigned to them, the guardian supports the person receiving care in making decisions. Both the person being cared for and the caregiver are authorized to sign (dual authority). The guardian may only make representative decisions if the person being cared for is unable to act on their own behalf due to a lack of free will without causing themselves significant harm.

Suggestion of a guardianship procedure

Any person, doctor, institution or association can initiate a guardianship procedure with the guardianship authority. Our staff will be happy to advise you on suggesting a guardian.

An affected person can apply for a guardian themselves. It is helpful if a signed declaration of consent under data protection law (see Downloads) is enclosed. The Jena Local Court is located in the

Justice Center
Rathenaustr. 13
07745 Jena

Tel. 0049 3641 3070.

Procedural steps of the guardianship court

The guardianship court first requests a social report from the guardianship authority on the question of the need for court supervision. The person concerned is informed in writing of the initiation of the proceedings. If the guardianship authority approves the guardianship, the court commissions a medical expert on the question of the medical requirements for court guardianship. If the person concerned is unable to adequately communicate their wishes to the guardianship court during the proceedings, a guardian (guardian ad litem) must be appointed for these proceedings.

The last step in the procedure is the personal hearing by the guardianship judge.

Finally, the guardianship court either appoints a guardian or rejects the guardianship.
The person concerned or a close relative can lodge an appeal (complaint) against the decision of the guardianship court.

The association Grenzenlos e. V.(link is external) also advises on the initiation of guardianship proceedings. This association also takes on court-appointed guardians. It is recognized as a "guardianship association" within the meaning of the Guardianship Act.