Legal Obligations and Duties of Guardians Under German Law
Requirement for Authorization of Guardianship Actions
According to the German Civil Code (BGB) §1904, certain actions by guardians require specific authorization. These actions may include, but are not limited to, managing the ward's property, making financial decisions, and representing the ward in legal matters.
Duty to Render Accounts and Transfer Assets
Upon termination of the guardianship, §1896 BGB mandates that the guardian must render a detailed account of all income and expenses related to the ward's assets. These accounts must be supported by relevant documentation. Furthermore, the guardian is responsible for transferring all assets belonging to the ward to their rightful owner.
Reporting and Documentation Obligations
Professional guardians are now subject to reporting and documentation obligations under §1846 BGB. They must provide regular updates to the court regarding the ward's well-being and financial affairs. These reports should include detailed descriptions of any significant decisions or transactions made on behalf of the ward.
The Reformed Betreuungsrecht: Enhancing Autonomy
The revised Betreuungsrecht, which came into effect in January 2023, emphasizes the ward's right to self-determination to the greatest extent possible. This includes the right to make decisions about their own care, treatment, and living arrangements. The guardian's role is to support the ward in making these decisions while respecting their wishes and preferences.
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