Guardianship authority
Due to age, illness or disability, anyone can find themselves in a situation where they are no longer able to manage their day-to-day affairs themselves.
Family members or spouses are not automatically authorised to make decisions, issue declarations or sign on behalf of the person concerned.
Since 1 January 2023, the exception has been the right of emergency representation for spouses in accordance with Section 1358 (4) BGB in health matters for a maximum of 6 months.
A person in need of assistance can only be legally represented in other areas if they have either authorised another person to do so by means of a power of attorney (pdf) or if a guardian has been appointed for them by the guardianship court. With a court-appointed carer, the carer is subject to a regular - usually annual - review by the care court.
In order to avoid the appointment of a guardian by a court, you should think about drawing up a power of attorney in good time, as such a document generally takes precedence over legal guardianship.
