Suggestion of legal support
If an adult can no longer manage their own affairs due to a mental illness or disability, you can apply for guardianship.
Description
By submitting an application for legal guardianship, you can initiate a procedure to determine whether legal guardianship needs to be arranged for a person of legal age. Legal guardianship regulates the matters (areas of responsibility) of the person concerned that they can no longer deal with independently. This means that a court-appointed carer can make decisions on behalf of the person concerned.
The local court/guardianship court is responsible for monitoring the entire guardianship procedure.
If possible, a suitable person from the family/relatives or another trusted person is selected to act as a guardian. The prerequisite is that there are no conflicts of interest. If voluntary care is not possible, a professional carer will be appointed.
Although the wishes of the person concerned are prioritised, the court's decision may differ from the original proposal. Please also note that you can no longer withdraw the suggestion once the proceedings are underway.
Please inform the person concerned about the request for guardianship, as they have a right to know who suggested the guardianship.
Bear in mind that legal guardianship has a profound impact on the life of the person concerned. Therefore, please only suggest guardianship after careful consideration. Together with the Munich guardianship associations, we will be happy to inform you about this.
Prerequisites
You can make a written request for guardianship for relatives or other people close to you. The guardianship court can appoint a legal guardian if the person concerned
- is of legal age,
- suffers from a mental illness or a physical, mental or emotional disability,
- is unable to manage their affairs in whole or in part,
- does not express an opposing free will,
- has not granted sufficient powers of attorney and
- has no other means of assistance (such as social services).
Required documents
The Munich Local Court provides a form for suggesting a guardianship. If necessary, social services or similar organisations can help you fill it out.
Legal basis
§ 1814 ff. GERMAN CIVIL CODE
Sozialreferat
Schuldner- und Insolvenzberatung, Betreuungsstelle
Internet
Phone
Postal address
Landeshauptstadt München
Sozialreferat
Schuldner- und Insolvenzberatung, Betreuungsstelle
Mathildenstraße 3a
80336 München
Fax: +49 89 233-25056
Address
Mathildenstraße 3a
80336 München
Telephone consultation hours:
Monday to Friday: 9 am to 12 pm
Thursday: 2 to 4 pm