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Supervision; information on official supervision
The guardianship authority can be appointed as a guardian by the guardianship court itself under strict conditions.
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Landratsamt Miesbach - 44 Betreuung, FQA und Senioren
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Street address
Rosenheimer Str. 1-3
83714 Miesbach
Postal address
Postfach 303
83711 Miesbach
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Persons of contact
Standort im BayernAtlas
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Procedure details
Description
If an adult cannot legally manage their affairs in whole or in part due to an illness or disability, the guardianship court shall appoint a guardian for them upon application or ex officio. The guardian acts as the person's legal representative in matters that the person concerned can no longer manage themselves.
The competent guardianship court appoints a natural person as guardian who is suitable to manage the person's affairs in the area of responsibility determined by the court. If the person concerned requests a person to look after them, this request must be complied with, unless the person requested is not suitable to manage the care. One of the tasks of the guardianship authority is to support and advise the guardians appointed by the guardianship court in the provision of care at their request.
In exceptional cases - namely if the person concerned cannot be adequately cared for either by a natural person or by a guardianship association - the guardianship court appoints the guardianship authority itself as guardian. However, care is generally only provided by the care authority until a suitable natural person can be found to provide care.
Legal bases
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§ 1818 Bürgerliches Gesetzbuch (BGB)"Betreuung durch Betreuungsverein oder Betreuungsbehörde"
Related issues
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Advance care directive; information on drawing it upAnyone can use a care directive to make precautionary arrangements for a later care case.
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Supervision; participation in specialist committeesThe support centers in the district offices and independent cities can participate in local and supra-local expert committees.
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Supervision; enforcement assistanceEnforcement assistance for the local court in guardianship matters is one of the mandatory tasks of the guardianship offices of the districts and independent cities.
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Legal support; submission of a proposal for appointment
The legal institution of guardianship exists for adults who are unable to manage their own affairs in whole or in part due to illness or disability.
Status: 16.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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