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Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
If you require a guardian to manage your affairs, the court will also hear you as part of the guardianship proceedings on the question of who you would like as your guardian. If you are no longer able to express yourself, the court must take into account any wishes you have previously expressed.
In this case, you can make a written advance care directive, also known as a "care directive". In it, you can specify who should be your guardian. You can also specify who should not be considered as a caregiver under any circumstances.
In addition to any wishes regarding the person who should be your guardian, you also have the option of specifying further requirements for a later care case in a care directive. For example, you can make instructions on the following questions:
- Do I want to maintain my standard of living in the event of care? Should my assets be used up if necessary?
- Do I want to live in a particular home if I have to go into care?
- Who would I like to be looked after by in the event of needing care?
These are just suggestions. Your individual situation is decisive.
For reasons of proof, the care directive should be drawn up in writing and signed by you with the place and date.
Anyone who has a care directive written by another person is obliged to hand it over to the care court after becoming aware of the initiation of proceedings for the appointment of a caregiver. Advance care directives can be registered with the Central Register of Advance Care Directives of the Federal Chamber of Notaries for a small fee
Who should I contact?
To the competent guardianship court (local court).
To the Bundesnotarkammer - Zentrales Vorsorgeregister - for the registration of the care directive.
What are the fees?
The costs (registration fees) for registering in the register of advance provisions vary. Detailed information on this can be obtained from the Federal Chamber of Notaries.
- § Section 1897 of the German Civil Code (BGB) (Appointment of a natural person),
- § Section 1901 c of the German Civil Code (BGB) (written care wishes, power of attorney),
- §§ Sections 78a - 78c of the Federal Notarial Code (BNotO) (central register of precautionary measures).
What else should I know?
Further information can also be found on the websites of the Federal Ministry of Justice and Consumer Protection (BMJV), the state government of Schleswig-Holstein and the German Medical Association.
The text was automatically translated based on the German content.