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Suggestion of legal support

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.

Contact

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.

Duration & Costs

Processing time

A legal representative can only be appointed once a specialist medical opinion has been obtained and the person concerned has been heard by the court in person. Guardianship proceedings can therefore take up to three months.
If guardianship is required immediately, temporary guardianship for a period of up to six months can be ordered upon presentation of a medical certificate. The urgent need must then be justified in detail with a meaningful diagnosis.

Fees

The following costs are associated with the guardianship procedure:

  • If the person concerned has assets of more than 10,000 euros, they must bear the costs of professional carers themselves. Their remuneration is regulated in accordance with Section 1836 BGB in conjunction with the Guardians and Carers Remuneration Act (VBVG, Section 3). Voluntary carers can claim an annual lump sum of 399 euros from the guardianship court (or alternatively an expense allowance against proof of the actual costs incurred).
  • If the person concerned has assets of more than 25,000 euros, they must also pay the costs of the expert opinion and the court costs themselves. There is also an annual fee: a fee of 10 euros is charged for every 5,000 euros or part thereof above the tax-free limit (minimum 200 euros).

The amount of the assets of the person under guardianship is determined by the guardianship court. Owner-occupied property is not taken into account. If the person is destitute, the state will cover the costs.

Please note that any court costs incurred may be charged to the person making the suggestion.

Payment methods available

Legal basis

§ 1814 ff. GERMAN CIVIL CODE

Links & Downloads

Landeshauptstadt München

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

Directions

Public transport

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Advice from the Munich counselling associations

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