Guardianship proceedings at the local court: General information

Does an adult require ongoing support due to illness or disability? Here you will find general information about legal guardianship.

Detailed description

A legal guardianship is established by the local court when an adult is no longer able to manage their own affairs and needs permanent support – for example, with asset management, healthcare, or dealings with authorities.



The person concerned has the following rights:

  • Right to a personal hearing
  • Right to inspect certain documents
  • Right to appeal the decision
  • Right to the greatest possible self-determination (only necessary areas may be supervised)

The local court specifies exactly which areas the guardianship should cover:

  • Healthcare
  • Asset management
  • Home or housing matters
  • Official matters
 

Information

Prerequisites

Guardianship is only ordered if other forms of assistance are insufficient – for example, if there is no power of attorney or if it is insufficient to provide the necessary support.

Documents required

no

Please note

The competent court is the local court at the place of residence of the person concerned. Within the local court, the guardianship court, which is specifically established for guardianship matters, is usually responsible.



If the person has no fixed residence, the court at their place of habitual residence decides.



Please submit written requests by mail or fax. Emails cannot be processed.

Deadlines

You can submit an application for support or a suggestion to the relevant authority at any time as soon as there is a need for support.




The responsible authority regularly reviews care arrangements to ensure that the care is still necessary.

Procedure

  • The process is usually initiated by an application or suggestion, for example by relatives, authorities, hospitals or caregivers.
  • If necessary, the responsible authority appoints a guardian ad litem, for example because the person concerned is unable to express themselves.
  • The responsible authority obtains a medical expert opinion.
  • The person concerned will be heard in person.
  • The responsible authority decides whether guardianship is necessary, what tasks it encompasses, and who will provide the guardianship.

Processing time

The responsible authority will review the application as quickly as possible. Processing often takes several weeks to months, depending on the complexity of the individual case.

Fees



Court fees will apply if assets exceed €25,000. The amount of these fees varies depending on the amount of assets.

Legal remedies



Complaint

Legal basis

Sections 1814-1820 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1814.html




§§ 256–319 Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/index.html#BJNR258700008BJNE000151360

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Last updated: 16.01.2026