Guardianship and legal care law

In short: Guardianship is set up for minor children without parents holding custody, legal care for adults who can no longer manage their own affairs. Both are ordered by the family or care court.

In more detail: Since 2023 there has also been a statutory right of representation for spouses in health matters in Germany.

In detail

• Guardianship: Taken on by the youth welfare office or an individual when parents lose custody or have died.
• Legal care: For adults in case of illness, accident or dementia, only to the extent actually necessary.
• Carer: Often relatives, if needed also professional carers or care associations.
• Areas of responsibility: Care is only set up for specific areas such as health or finances, not across the board.
• Advance directive: Can avoid court-ordered care if a trusted person was designated beforehand (patientenverfuegung-und-vorsorgevollmacht).
• Oversight: The care court monitors the carer’s activities.
• Self-determination: The aim is always to preserve as much independence as possible.