Guardianship Proceedings - Appointment of a Guardian

Within the scope of their assigned responsibilities, the guardian assists the person under guardianship in making decisions. Both the person under guardianship and the guardian have signing authority (joint authority). The guardian may make decisions on behalf of the person under guardianship only if the person under guardianship, due to a lack of free will, is unable to act on their own behalf without causing themselves significant harm.

Initiating Guardianship Proceedings

Guardianship proceedings may be initiated with the guardianship authority by any person, physician, institution, or organization. Our staff will be happy to advise you on how to initiate guardianship proceedings.

The person concerned may also file an application for a guardian themselves. It is helpful to include a signed data protection consent form (see Downloads) with the application. The Jena Local Court is located in the

Justice Center
Rathenaustr. 13
07745 Jena

Tel. 0049 3641 3070.

Steps in the guardianship court proceedings

The Guardianship Court first requests a social report from the guardianship authority regarding the necessity of court-appointed guardianship. The person concerned is notified in writing of the initiation of the proceedings. If the guardianship authority recommends guardianship, the court appoints a medical expert to assess the medical requirements for court-appointed guardianship. If the person concerned is unable to adequately express their wishes to the guardianship court during the proceedings, a guardian ad litem must be appointed to represent them in these proceedings.

The final step in the proceedings is a personal hearing before the guardianship judge.

Finally, the guardianship court issues an order either appointing a guardian or denying the guardianship.
The person concerned or a close relative may file an appeal against the guardianship court’s order.

The association Grenzenlos e. V. also provides advice on initiating guardianship proceedings. This association also handles court-ordered guardianships. It is recognized as a “guardianship association” under the Guardianship Act.