Who needs legal support/advice?
Imagine: Due to dementia, you are increasingly overburdened with overseeing your affairs. They no longer manage to organize the important things in life because of their depression. Her life gets completely off track by an acute psychosis. You have a serious accident and may not be able to express yourself for a long time. Then a legal care may be right for you. In the majority of the economically developed countries, the legislature states the following: if a full adult due to a mental illness or a physical, mental or mental disability, his or her affairs cannot get all or part of the order, the Supervision Court appointed at his request or ex officio for him a caregiver.
Will I be incapacitated for legal assistance?
No. The caregiver is not your guardian. That is abolished in Germany. You remain in business and your signature remains valid. You retain the right to enter into contracts, to dispose of your account or to consent to medical treatment. The supervisor must respect your wishes and may only decide in the areas for which he has an order. Only in a few exceptions may the supervisor make a decision on his own. The supervisor also has to ask permission of the supervisor for important questions (such as relocation, hospital stay, far-reaching financial matters).
How to get to a legal advisor?
There are several ways to apply for legal assistance. Either you go to the Supervision Court yourself and make an application. Or a relative or a third party encourages the care. The Supervision Court examines your case and has a medical report and a social report prepared. You will be asked exactly where you need support. It also checks if someone in your personal environment can take on this task and if there are any other aids that can provide you with equivalent support. Finally, at a hearing, a supervisor discusses everything with you again, and then decides together with you for what matters and for how long the counselor should be there. If you do not bring in your own suggestion, the supervisor will select a suitable professional supervisor. The professional supervisor will then contact you. Against your free will no legal care can be decided. This is only possible if you do not understand what it’s about because of your illness. This can be the case if you lose consciousness for months after an accident and no one has authority to continue to organize your vital affairs.
Who pays my legal advisor?
If you are not wealthy, the legal support is free for you and is taken over by the state. If you are wealthy, you have to pay your caregiver at least proportionally. You are allowed to keep 818,00 Euro and the cost of your accommodation. Do you have special loads, e.g. if you need a nursing service, the allowance can be quite higher. Savings can be kept up to 5,000 euros. Self-used, adequate home ownership must also not be touched.
How long does legal care take?
Only as long as it is needed. A legal guardian should always encourage you to become more self-reliant. And at best, at some point, it should be “superfluous.” However, it can take a long time to get there. When a care is set up or re-approved, the court will always set a period for checking that it is still needed Career can also be terminated prematurely as soon as you can get back to your own affairs, or an application can be made should there be a change, for example, if you want to change the caregiver if there are problems or if a task should be extended or restricted.
What precautionary options are there?
There are three ways to give written statements of intent in “healthy days” that can help you in difficult times. With a care directive, you can specify who the court should designate as your legal guardian or who that person should be under no circumstances. You can also determine other important things, whether you at home or in a nursing home, or what wishes and habits are important to you in the care. A precautionary power means that you give another person permission to act for you. You also give the proxy permission to make decisions for you. It is very important that you can trust this person, because it is not controlled by the court. In the living will, you decide in advance which medical measures you want and which you reject. It applies in the event that you yourself can no longer make any decisions. For example, if you are unconscious. All three ways of “pre-empting one’s will” have both advantages and disadvantages – find out which one suits you best.