For whom can legal support be established?

The right to care is standardized in the German Civil Code (BGB). In § 1896 BGB it says: "For an adult due to a mental illness, a physical, mental or emotional handicap, care can be ordered if he is temporarily or permanently no longer able to deal with his affairs in whole or in part to get".

Due to an accident or illness, anyone can get into the situation at any time of being unable to regulate their own affairs. Because of their limitations, those affected no longer pay their bills, get into debt, no longer attend appointments with the authorities and doctors and get lonely.

In this situation, the need for care is determined by the district court or the local care authorities. This happens through information from the neighborhood or relatives. The hospitals often also inform the supervisory court if, from their point of view, the further care of a patient is no longer guaranteed or further measures have to be organized that the patient can no longer organize himself due to his illness.

Before care is set up by the court, a medical opinion must determine the need for care and the persons concerned must be heard personally by a judge. Those affected have a say in the selection of the supervisor. Only if you cannot name a person of trust does the court decide, based on the complexity of the case, whether voluntary supervision is sufficient or whether a professional supervisor must be used.

Legal support can be set up for a maximum of 7 years. In addition, those affected or the supervisor can submit an application to cancel their care at any time if they no longer see a need for care. After the care period set by the court has expired, the court must again obtain a medical opinion and decide whether the care should be canceled or extended. The legal advisor and those affected are of course included in this process.