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Apply for authorization for legal, financial and commercial transactions of a guardian

If you, as a guardian, want to carry out certain legal, financial and commercial transactions for your ward (person under guardianship), you must first obtain permission from the family court.

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Detailed description

As a court-appointed guardian, you have an important responsibility. You are entitled and obliged to look after the person and assets of your ward and to represent him or her legally.

For certain legal transactions that you undertake on behalf of your ward, you require the approval of the family court.

Examples of such legal transactions:

  • purchase, sale of a property
  • encumbrance of a property, such as a mortgage
  • Disposition of an inheritance or the future legal share of the inheritance
  • disposal of the entire assets of the ward
  • renunciation of an inheritance or legacy
  • conclusion of an inheritance division agreement
  • Establishment, purchase, sale or dissolution of a business
  • Disposition of claims or rights through which the ward would receive money, for example to assign a claim
  • Conclusion of rental or lease agreements that continue for more than one year after the ward reaches the age of majority
  • Conclusion of training contracts with a duration of more than one year
  • taking out a loan
  • entering into a guarantee
  • Settlement if the value in dispute exceeds €6,000 (exception: court settlements in written or recorded form)

This list is not exhaustive. If you are unsure, please contact the relevant authority.

If you, as a guardian, enter into a contract without the necessary approval from the family court, this contract is initially invalid. It only becomes valid if the family court subsequently grants approval. However, some legal transactions cannot be subsequently approved at all. Unilateral legal transactions that are carried out without approval are invalid in any case.

 

Information

Prerequisites

You will receive approval from the family court if the intended legal transaction does not have serious negative consequences for your ward.

Documents required

Submit all documents related to the respective legal transaction.

Please note

Legal advice is not available at the district court. For this, contact a lawyer or notary. The Public Legal Advice Service (ÖRA) offers inexpensive legal advice for people on low incomes.

Deadlines

You need approval before you carry out the legal transaction. Subsequent approval is not always possible.

Procedure

  • Submit your application for approval of legal, financial and commercial transactions to the competent authority.
  • Please provide the file number.
  • Please enclose the relevant contracts, reports or other documents with your application.
  • The responsible authority will examine your application and request any missing documents or statements.
    • In cases where you are excluded from representation, for example because you are also involved in the legal transaction on the other side, the family court will appoint an additional guardian.
    • In some cases, for example when selling real estate, it may also be necessary to involve experts.
  • The family court will decide on your application by resolution.
  • You will receive a notification.

Processing time

You will usually receive approval within a few weeks.

Fees

Costs may arise in the course of family court proceedings, and the court will decide on their collection.

Legal remedies

Complaint

Legal basis

§ 1799 German Civil Code (BGB) Legal transactions requiring approval

https://www.gesetze-im-internet.de/bgb/__1799.html




§ 1848 German Civil Code (BGB) Approval of another investment of money

https://www.gesetze-im-internet.de/bgb/__1848.html




§ 1850 German Civil Code (BGB) Authorization for legal transactions concerning real estate and ships

https://www.gesetze-im-internet.de/bgb/__1850.html




§ 1852 German Civil Code (BGB) Authorization for commercial and corporate law transactions

https://www.gesetze-im-internet.de/bgb/__1852.html




§ 1854 German Civil Code (BGB) Authorization for other legal transactions

https://www.gesetze-im-internet.de/bgb/__1854.html




§ 1856 German Civil Code (BGB) Subsequent approval

https://www.gesetze-im-internet.de/bgb/__1856.html

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Keywords: Family Court Approval for Guardian Actions of the guardian requiring approval approval for guardian

Last updated: 16.02.2025