02 · Legal guardianship

Legal guardianship

When someone can no longer manage their affairs alone due to illness or disability, the guardianship court appoints a legal guardian. Since the 2023 reform, the wishes and self-determination of the person concerned are at the centre.

What it is about

Support that strengthens the person’s own decisions.

A guardianship is only established where it is genuinely necessary, and never against the free will of the person concerned (§ 1814 BGB). It is not an incapacitation: the person remains legally capable as far as they can grasp the meaning and consequences of their actions.

The guardian handles matters so that the person can shape their life according to their own wishes, within their means (§ 1821 BGB) – working under the supervision of the guardianship court.

Areas of responsibility

The guardianship court expressly assigns only the areas in which support is actually needed (§ 1815 BGB). Common areas are:

Financial affairs

Accounts and payments, income and expenditure, contracts and – where necessary – ordering existing liabilities.

Health care

Coordination with doctors, clinics and insurers, and consent to medical measures – serious interventions only with the court’s approval.

Place of residence

Questions of habitual residence. Any placement involving deprivation of liberty always requires a separate court approval.

Housing matters

Maintaining and managing the home. Giving up a dwelling requires approval and is only initiated with due care.

Authorities & benefits

Applications for basic security, pension, care and integration benefits, correspondence with offices and insurers, appeals and deadlines.

Mail & communication

Receiving and handling mail – but only if the court has expressly assigned this area.

In practice

What we concretely take on.

The most common question is: “What does a guardian actually do?” These tasks are central – depending on the assigned area.

Personal contact, visits and ascertaining wishes
Managing accounts, making payments, planning the household
Filing applications: basic security, care level, housing benefit, pension
Correspondence with authorities, health and care insurers
Organising care, a care placement and support services
Consent to medical measures within health care
Annual report and accounting to the guardianship court
Meeting deadlines, reviewing notices, lodging appeals

For legal guardians

A first point of contact for guardians.

We combine legal know-how with our own guardianship practice. If you encounter legal questions in your guardianship – with the court, authorities or third parties – we support you with holistic solutions: from assessment to, if needed, legal representation.

Document check-upAnnual report, asset inventory and accounting reviewed.

Review of applications & approvalsMeasures requiring approval, cleanly prepared and formulated.

Conflicts with court & authoritiesLegal assessment, written submissions and – if necessary – representation.

Organisation & softwareSupport with deadline management, processes and guardianship software.

Official documents & legal bases

For reference at the official sources – the relevant provisions and the official brochure of the Federal Ministry of Justice.

BMJ-Broschüre „Betreuungsrecht"Federal Ministry of Justice · PDF §§ 1814 ff. BGBLegal guardianship · gesetze-im-internet.de Betreuungsorganisationsgesetz (BtOG)Roles of the actors · gesetze-im-internet.de Guardianship law after the 2023 reformOverview by the BMJ · Web

Scope. A legal guardianship is appointed by the guardianship court and is distinct from legal advice and representation of the person. This page provides general information and does not replace individual advice.

Process, costs & duration

Frequently asked questions about legal guardianship.

From the first suggestion to the appointment, what a guardianship costs and how long it lasts – explained step by step.

How is a guardianship set up? The process.

Suggestion. The initiative comes from the person concerned or from a third party (relatives, a clinic, social services). The suggestion form can be downloaded online.
Justice service portal ↗︎
Local court. The suggestion goes to the guardianship court (Amtsgericht)for the district in which the person to be placed under guardianship habitually resides.
Guardianship authority. The court involves the competent guardianship authority. It contacts the person concerned and prepares a social report for the court.
Guardianship authority, City of Kassel ↗︎ · Kassel district ↗︎
Medical certificate. A medical certificate or expert opinion must be available confirming and documenting the medical requirements. It can be obtained from a GP or specialist, or ordered by the court.
Hearing. The court hears the person concerned in person – usually together with the prospective guardian.
Decision. The decision then issues, listing the ordered areas of responsibility – the guardianship begins.

What does a guardianship cost?

The remuneration of a professional legal guardianship is governed by the German Guardians' and Custodians' Remuneration Act (VBVG) and varies in amount. The decisive factors are above all the living situation (own household or residential facility), the financial situation (with assets or without means) and the duration of the guardianship already in place – the monthly flat-rate fees decrease over time.

Payment depends on the assets of the person under guardianship: Those with assets bear the monthly remuneration themselves; in the case of a lack of means it is borne by the public purse.

Quick check: “with assets or without means?”
As a rough guide: if the assets to be used lie below the statutory exempt amount (around 10,000 € as of 2024), a person is generally regarded as being without means – the public purse then pays. Owner-occupied property and certain reserves are disregarded. The precise classification is made by the court.

How long does a guardianship last – and can it be changed?

The court sets a review date. The review generally takes place no later than after seven years; if the measure was ordered against the declared will of the person concerned, a decision on the first extension must be taken no later than after two years . The guardian only ever acts within the scope ordered by the court . The guardianship can be lifted at any time at the request of the person concerned if the requirements no longer apply, and its scope can be adjusted – at the guardian's suggestion or at the express wish of the person under guardianship (both extension and restriction).

How is liability covered?

Even in guardianship work, mistakes can never be entirely ruled out despite careful practice. For such cases there is professional indemnity insurance for financial loss. It covers any loss so that the person under guardianship is not disadvantaged.