Guardianship Law Reform
Law reform
The law reforming guardianship and care law (dated May 4, 2021, BGBl 2021 dated May 12, 2021) came into force on January 1, 2023. Among other things, the legislative reform transposed the international requirements of Article 12 of the UN Convention on the Rights of Persons with Disabilities into national law. The principle of necessity has been given greater weight. In future, a guardian can only be appointed if this is necessary.
Self-determination and duty to comply with wishes
Above all, the legal reform has brought more self-determination for the person being cared for. Another new feature is the legal obligation for the guardian to follow the wishes of the patient. According to this, the guardian must act in consideration of all the wishes of the person under guardianship. In addition, the rights of children in guardianship and custody law and the rights of foster parents or foster children have been significantly strengthened. For example, the actual support of a person in need of care by family members, acquaintances or social services will make a guardian superfluous in the future. An extraordinary right of emergency representation for spouses in the medical field has been added to the Marriage Act.
Status: February 23, 2023
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