Apply for guardianship for an absent person

Does an absent person urgently need to make important financial decisions? Here's how to apply for guardianship for an absent person.

Detailed description

If an adult cannot be located – for example, because they have broken off contact or disappeared for other reasons – and important matters concerning their assets urgently need to be addressed, you can apply for a guardianship for an absent person. A guardianship for an absent person is also an option if the absent person cannot reach the location where they need to take care of something in time, for example, because they are traveling.



In this case, the appointed guardian assumes legal responsibility for these urgent financial matters for a limited period. They make all decisions necessary to protect the absent person's assets. This includes, for example, paying bills, terminating a lease, or taking other necessary measures to prevent financial loss.

 

Information

Prerequisites

  • The financial matter to be settled involves one person,
    • whose whereabouts are generally unknown, and not only to the applicant or
    • who cannot reach the place where she needs to sort something out in time.
  • The absent person is of legal age.
  • There is a need for care. This means the person requires support or protection for their financial affairs because they are currently unable to make the necessary decisions or manage their affairs themselves.
  • Settling the financial matter is necessary. This means that action is indeed required to prevent harm or disadvantages to the absent person, and there is no other way to ensure this.

Documents required

  • Written Application
  • Reason
  • Documents relating to your own investigations

Please note

The local court does not provide legal advice. Please contact a qualified professional, such as a lawyer or notary public.


If you have limited financial resources, you can obtain advice from the Public Legal Information Office (ÖRA).

Deadlines

No.


In some cases, deadlines are set by the matter to be settled, for example, disclaiming an inheritance.


The guardianship for the absent person ends automatically as soon as they can be located or contact the guardian.

Procedure

  • If your request concerns a person whose whereabouts are unknown, first try to determine the missing person's location yourself. For example, by contacting the residents' registration office or the registry office.
  • You submit a written application for the appointment of a guardian for an absent person. Your application includes a justification and describes the financial situation, the need for care, and, if applicable, your own investigations into the whereabouts.
  • The court will review your application and the submitted documents.
  • The court appoints an absentee guardian by decree.
  • You will receive an invoice.

Processing time

The processing time depends on the individual case.

Fees

Court fees are charged for the appointment of a guardian for an absent person. In addition, the person appointed as guardian receives compensation for their work. These fees generally depend on the amount of work involved and the value of the assets; they are not fixed.




In guardianship matters, the person concerned only has to pay if their assets – after deducting all debts – exceed €25,000.

Legal remedies

The absent person or their guardian has the option to file a complaint.

Legal basis

§ 1884 BGB (German Civil Code)


https://www.gesetze-im-internet.de/bgb/__1884.html

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Keywords: Co-heir cannot be found Person cannot strike in time Person missing for property transfer

Last updated: 13.02.2026