Guardianship; Assistance in the Enforcement of Sentences
Providing enforcement assistance to the local court in guardianship matters is one of the mandatory duties of the guardianship offices in the counties and independent cities.
Status: 04.08.2026. Link zum BayernPortal
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The court must hear the person concerned in person before ordering a placement and must form its own impression of him or her. The court forms this personal impression, to the extent necessary, in the person’s usual environment. The court may have the person brought before it by the competent authority if the person refuses to cooperate in the proceedings.
The competent authority must, upon request, assist the guardian or authorized representative as defined in Section 1814(3), second sentence, item 1 of the Civil Code in escorting the person to the place of confinement.
The authority may use force only if the court has expressly ordered it. The competent authority is authorized to request assistance from law enforcement agencies if necessary.
The residence of the person concerned may be forcibly opened, entered, and searched without their consent only if the court has expressly ordered this for the purpose of bringing them before the court for a hearing or for admission to a facility. In cases of imminent danger, the order may be issued by the competent authority.
§§ 312 et seq. of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG)
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