Any adult can apply for legal guardianship for themselves.

Any person can indicate that they are no longer able to manage all or part of their legal affairs.

The appointment of a guardian therefore takes place either in accordance with Section 1814 of the German Civil Code (BGB) at the request of the person concerned or ex officio if third parties have previously requested this from the guardianship court.

The following requirements must be met in order to obtain a power of representation that is subject to judicial supervision and is obliged to observe the wishes of the person being cared for:

1. The person concerned is of legal age.
2. The reason for the need to appoint a guardian is an illness or disability.
3. No other means of assistance are available.
4. The person concerned must consent to the appointment of a guardian.
   If they are unable to freely determine their will due to illness, a guardian can also be appointed against their expressed will.

The local court at the habitual residence of the person concerned, which is usually the place of residence, has jurisdiction. The court responsible for Salzgitter is the

Ideally, the suggestion should be submitted in writing, either informally or using a form. You can find the forms and a guide to filling them out in plain language under “Related Links/Forms.”

Forms are also available at the local court. However, you can also make the request verbally there, and it will be recorded in the minutes. No documents are required.

Legal guardianship can be established for individual or all matters (e.g., financial affairs, health care, housing matters, etc.).

If proceedings have been initiated, the guardianship court must examine whether the person concerned requires the assistance of a legal representative.
The court will examine the necessity of appointing a guardian until this question has been conclusively clarified. This means that a request for guardianship cannot be withdrawn.

The local court commissions the care office to draw up a social report and may also commission a care report. Before the final decision on a care application is made, the judge visits the person concerned in their usual environment for a personal interview, the so-called hearing.

1. Report of the care authority:
   The competent care authority is commissioned to prepare a report. The report details the health, social and economic circumstances, the need for care, the wishes for the appointment of a caregiver and, if applicable, the question of which matters require care.
2. Medical opinion:
   In principle, a guardian can only be appointed once a specialist medical report is available, unless the person concerned has applied for the appointment of a guardian and waived the assessment.
3. Personal hearing:
   If the court has come to the conclusion on the basis of the available documents that a guardianship should be ordered, a hearing will take place. The person concerned is at the center of the proceedings. Persons of trust of the person concerned can be consulted, especially if they so wish. Persons of trust are often relatives, friends or neighbors. After a court hearing, legal guardianship is ordered and the guardian, their areas of responsibility and the duration of the legal guardianship are determined. It is quite possible that the court's decision will differ from the suggestion.

Care proceedings can take 3 to 6 months.

If a guardian needs to be appointed immediately, temporary guardianship can be ordered upon presentation of a medical certificate. The need for urgency must be justified and established in detail.

Once guardianship proceedings have been initiated, the guardianship authority will investigate the facts of the case. To this end, it will contact the person concerned and, if applicable, family members or trusted individuals. During a personal conversation, which usually takes place during a home visit, the person will be asked about their preferences regarding the selection of a guardian.

If a person from the individual’s circle is willing, suitable, and capable of serving as a legal guardian on a volunteer basis, the proposal will be submitted in writing to the local court.

It is entirely possible that no suitable person is available to serve as a legal guardian on a volunteer basis. This is the case, for example, when there are no relatives or trusted individuals and/or the scope of the guardianship is too extensive. In this case, the guardianship authority will propose, for example, a professional guardian, based on the legal provision § 1816 BGB.

It makes sense for any person of legal age. For minors, the legal representatives, usually the parents, decide anyway. A power of attorney is also advisable for spouses and life partners, because - contrary to what many people believe - they are not automatically allowed to act on each other's behalf in an emergency. Since 01.01.2023, there has also been the right of spousal representation for medical emergencies. However, this does not replace a comprehensive power of attorney.

You can find the relevant form under "Further links/Forms".

Accidents, illness, or old age can make it impossible for someone to manage their legal affairs or make decisions on their own.

This is where a power of attorney comes in.

This allows you to determine who makes decisions for you regarding

• health
• property care
• official matters
• Housing and property matters
• and other areas of life

may make.

It must be issued in writing, signed and should also be discussed with the authorized person. You can find a sample to download under further links.

The care office of the city of Salzgitter offers free information on drawing up a power of attorney. Please make an appointment for a consultation (see Contact).

If you are not mobile, the staff will also visit you at home.

For certain matters, a power of attorney must be notarized or certified. In particular, notarization of the power of attorney is mandatory for legal transactions involving real estate. In all other cases, notarization is recommended. Principals can have their signature on the power of attorney publicly notarized by their guardianship authority for 10 euros (Section 6 of the Guardianship Authority Act).

An authorized person acts on the basis of a power of attorney and, unlike a legal guardian, is not appointed by the court. Accordingly, an authorized person is not generally subject to judicial control. Granting a power of attorney can therefore avoid the establishment of legal guardianship.

We are looking for professional caregivers or people who want to become one!

Professional caregivers represent adults in legal matters who require support due to a physical, mental or psychological illness or mental disability.

As a professional caregiver, you work INDEPENDENTLY and with free time management.

There is no training to become a professional caregiver for this challenging and varied job. Experience, e.g. as a social worker, lawyer, administrative employee or business economist, commercial employee or person in social professions is helpful.

Requirements include, among other things, enjoyment in dealing with people, assertiveness, enjoyment of independent work and the willingness to work together with other agencies involved. In addition, there must be no previous convictions and no entry in the debtor register.

Please contact the care center of the city of Salzgitter by telephone (see Contact).

In 1992, the law on guardianship replaced the law on guardianship for adults, which had been in effect for nearly 100 years. The law on guardianship is set forth in Sections 1814 through 1881 of the German Civil Code (BGB).