Guardianship Court Assistance; Support for the Courts

The guardianship authorities (also known as guardianship offices) in the district offices and independent cities participate in proceedings in which the local court—the guardianship court—must decide on the appointment of a guardian as a legal representative.

A guardian must be appointed when an adult, as a result of a mental illness or a physical, intellectual, or psychological disability (which may also include so-called senile dementia), is no longer able to manage their affairs, either in whole or in part, and no other forms of assistance are available. In such cases, the guardianship authority may, on its own initiative, inform the guardianship court of circumstances that necessitate the appointment of a guardian or another measure in guardianship matters. In doing so, however, the authority must always assess whether and to what extent the disclosure is necessary—taking into account the legitimate interests of the person concerned—based on its findings, in order to avert a significant risk to the person’s well-being.

The guardianship authority also assists the guardianship court in guardianship proceedings already pending. This applies in particular to the investigation and reporting of facts that the court deems require clarification, and to the identification of suitable guardians. In addition, the authority proposes a person who is suitable to serve as a guardian in the specific case.