Care court assistance; support for the courts

The guardianship authorities (also known as guardianship offices) in the district offices and independent cities are involved in proceedings in which the local court - the guardianship court - has to decide on the appointment of a guardian as a legal representative.

A guardian must be appointed if an adult is no longer able to manage all or part of their affairs as a result of mental illness or a physical, mental or psychological disability (this can also include dementia) and no other assistance is available. The guardianship authority can inform the guardianship court on its own initiative of circumstances that make the appointment of a guardian or other measures in guardianship matters necessary. However, the authority must always check whether and to what extent the notification is necessary to avert a significant risk to the welfare of the person concerned, taking into account the legitimate interests of the person concerned.

The guardianship authority also supports the guardianship court in guardianship proceedings that are already pending. This applies in particular to the clarification and communication of the facts that the court considers to be in need of clarification and to the recruitment of suitable guardians. The authority also proposes a person who is suitable as a guardian in individual cases.