Guardianship authority

With a health care proxy, you regulate your power of representation by appointing a trusted person who can make decisions on your behalf if you are unable to do so (e.g. due to illness or accident). As a rule, a valid power of attorney for health care makes guardianship proceedings unnecessary.

The power of attorney extends to necessary medical decisions, contractual and official procedures, financial and other matters. For example, in addition to medical care, social benefits can be applied for, the flat can be cancelled and terminated, nursing home contracts can be concluded and transactions with financial institutions can be carried out.

There are various options for the form of your health care proxy: a power of attorney can be drawn up by hand, on a form or notarised. In principle, a handwritten power of attorney is sufficient, with a few exceptions. However, you also have the option of having your signature certified by the guardianship authority for a fee or having it notarised.

With the consent of the person concerned, the care authority will check to what extent help is available to avert the specific emergency situation. Contact is established either through a home visit or an invitation to the authority. An attempt will be made to provide the person concerned with access to the counselling and support services offered by the social assistance system, if necessary accompanied by employees of the care authority.

The guardian is appointed by the guardianship court. The person concerned can apply for this themselves or it can be suggested by third parties (such as family members, doctors, social services, neighbours or authorities) to the guardianship court.

Care proceedings begin when other forms of assistance are not sufficient and the emergency situation cannot be averted or the person concerned refuses all support due to illness, thus endangering themselves.

Once the guardianship proceedings have been opened, the court begins to examine whether guardianship is really necessary. In order to get a clear picture of the condition and environment of the person concerned, it obtains an expert opinion, hears the guardianship authority and, above all, the person concerned in person.

Brochure from the Federal Ministry of Justice on health care proxies and advance care directives

Lasting powers of attorney and care directives in various languages

Brochure from the Federal Ministry of Justice on living wills

Betreuungsverein Schönebeck (responsible for the old district of Schönebeck and the unified municipality of Nienburg (Saale))

The Care Organisation Act - BtOG for short - came into force on 1 January 2023. For the first time, it contains precise regulations for authorisation as a professional carer. This comprehensive process is known as the registration procedure and is intended to improve the quality of legal care.

All registered professional carers have ongoing obligations to report their activities to their home authority.

The following criteria are checked by the care authority:

• Reliability (by means of a certificate of good conduct, extract from the debtor register and self-declarations)
• Proof of the required expertise
• Personal suitability by means of a suitability interview conducted by the care authority
• Proof of sufficient professional indemnity insurance cover

The application can be made as follows:

• informal
• online
• by post

Once all the required documents have been checked, you will be invited to a personal interview. The decision on your registration application will be sent to you in the form of a notification.

Final processing of this application is only possible if all necessary documents and information are available (obligation to co-operate).

A registration in accordance with § 23 ff. BtOG can be revoked if it was issued on the basis of incomplete or false information.

We would be happy to advise you in advance during a non-binding information meeting about the requirements and the field of professional care in general.