What is legal guardianship?
Legal guardianship is the legal representation of a person of legal age by a court-appointed guardian who is no longer able to form their own will due to a health impairment or who is so restricted in their mobility that they can no longer carry out legal transactions without outside help. Under no circumstances does guardianship lead to incapacitation. Legal capacity is not affected by guardianship.

What is a guardian?
The guardian is the court-appointed representative of an adult for whom guardianship has been established. He or she organizes the necessary assistance.

When is a guardianship set up?
A guardian is appointed if the person concerned is physically, mentally or psychologically impaired to such an extent that they can no longer manage their legal affairs on their own without the help of a guardian.

Who is appointed as a guardian?
Any natural person of legal age can act as a guardian on a voluntary basis. These can be relatives or acquaintances from the person's living environment. If there is no one there, neutral volunteer guardians are appointed. In particularly difficult cases, professional carers are appointed. The wishes of the person being cared for should be taken into account.

Voluntary work in legal guardianship (opens in a new tab)

How can I become a guardian?
The local care authority can help with this question. The Wiesbaden care authority is looking for qualified professionals who are interested in working as a professional caregiver.

Becoming a professional caregiver in Wiesbaden

Are there any costs involved in providing care?
Yes, there are costs involved in providing care. First of all, these are the procedural costs at court, which, however, make up the smallest part of the total costs. The guardian is entitled to reimbursement of expenses. If the care is provided by a professional caregiver, the caregiver receives a fixed flat-rate fee.

Who bears the costs?
In general, the person being cared for bears the costs of the care. If they are unable to do so, the costs are covered by the state treasury.

Who monitors the guardian?
Supervision is carried out by the respective local court. This is based on annual reports from the guardian on the progress of the guardianship. In the event that money is also managed, the caregiver must generally provide evidence and documentation of the expenses for the person being cared for on an annual basis.

Who can request a guardianship?
Anyone who becomes aware of another person's need for assistance can request guardianship. Guardianship is initiated at the relevant local court.

How can I avoid guardianship?
Guardianship can be avoided by making legal arrangements in the form of a power of attorney. A comprehensive power of attorney is the most effective way to avoid legal guardianship. In addition, the power of attorney enables a high degree of self-determination.

Legal precautions (opens in a new tab)