Änderungen

==Short information in english==

==Short information in english==

As of January 1st, 2023, the German Legislation of “Betreuung” has been changed and updated. Reasons for the Reform of the German Law is the extension of the self-determination of people with a legal “Betreuung”. As of right now the German Legislation of Betreuung states that adults who are not able to take care of their legal affairs, due to a disease or disability or appointed a legal “Betreuung”, which is ordered and supervised by the specialized court (Betreuungsgericht), who will oversee the persons affairs. The field of activity of a “Betreuer” consist of one or multiple purviews. They will be ordered individually by the court and must only be mandated if it is deemed necessary. The court has an obligation to examine the principles of necessity for every accounted “Betreuung”.  It is important to state, that the appointment of a “Betreuer” does not mean that the persons legal capacity is diminished.  

As of January 1st, 2023, the German Legislation of “Betreuung” has been changed and updated. Reasons for the Reform of the German Law is the extension of the self-determination of people with a legal “Betreuung”. As of right now the German Legislation of Betreuung states that adults who are not able to take care of their legal affairs, due to a disease or disability or appointed a legal “Betreuung”, which is ordered and supervised by the specialized court (Betreuungsgericht), who will oversee the persons affairs.  

 

The field of activity of a “Betreuer” consist of one or multiple purviews. They will be ordered individually by the court and must only be mandated if it is deemed necessary. The court has an obligation to examine the principles of necessity for every accounted “Betreuung”.  It is important to state, that the appointment of a “Betreuer” does not mean that the persons legal capacity is diminished.  

 

At the end of 2015, “Betreuer” were ordered for around 1.3 million people, predominantly elderly people in Germany. Certain conditions must be met for a “Betreuer” to be appointed. The “Betreuer” must represent the will and support the decisions of the person with a legal “Betreuung” in a wide range of bodies and institutions, for example courts, authorities, long-term care, and insurance companies. The Reform aims to extend and strengthen a person’s self-determination. It is intended that the desires and the will of the assisted person are supported in everyday affairs, such as having an overview of their financial spendings and investments and moreover consult as well as guide the concerned adult regarding their financial goals, as well as legal affairs. The reformed Law states that a “Betreuer” shall be appointed at the request of the adult. If the adult cannot take care of his or her affairs merely because of a physical illness or disability, a “Betreuer” may only be appointed at the adult's request, unless the adult is unable to express his or her will. Another renewal states that the concerned adult wishes regarding the selection of the appointed “Betreuer” will be considered more thoroughly.

At the end of 2015, “Betreuer” were ordered for around 1.3 million people, predominantly elderly people in Germany. Certain conditions must be met for a “Betreuer” to be appointed. The “Betreuer” must represent the will and support the decisions of the person with a legal “Betreuung” in a wide range of bodies and institutions, for example courts, authorities, long-term care, and insurance companies. The Reform aims to extend and strengthen a person’s self-determination. It is intended that the desires and the will of the assisted person are supported in everyday affairs, such as having an overview of their financial spendings and investments and moreover consult as well as guide the concerned adult regarding their financial goals, as well as legal affairs. The reformed Law states that a “Betreuer” shall be appointed at the request of the adult. If the adult cannot take care of his or her affairs merely because of a physical illness or disability, a “Betreuer” may only be appointed at the adult's request, unless the adult is unable to express his or her will. Another renewal states that the concerned adult wishes regarding the selection of the appointed “Betreuer” will be considered more thoroughly.

Due to no proper translation for the word “Betreuer” into the English language, the following article will use the German word. It means more than guardianship, as the role demands more supervision and less decision-making for the people with a legally appointed “Betreuung”. The primary function of a “Betreuer” is the role of a supporter as the concerned adult is still presumed to have legal and mental capacity.

Due to no proper translation for the word “Betreuer” into the English language, the following article will use the German word. It means more than guardianship, as the role demands more supervision and less decision-making for the people with a legally appointed “Betreuung”. The primary function of a “Betreuer” is the role of a supporter as the concerned adult is still presumed to have legal and mental capacity.