As of: March 18, 2024, 6:02 a.m
By: Sebastian Tauchnitz
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In conversation: Supervision judge Dr.
Verena van der Auwera and Tobias Bucher, legal guardian and group leader at the guardianship court.
© Sebastian Tauchnitz
In 2023, childcare law was reformed.
Since then, the wishes of the person being cared for have become even more important.
However, the question of who should take over your own care in the event of an accident is still a taboo topic.
District – “When it comes to the issue of power of attorney, many people still have their heads in the sand,” says guardianship judge Dr.
Verena van der Auwera in conversation with the local newspaper.
It is very important to deal with the topic early on.
The numbers are clear: 1,800 care proceedings are currently underway at the district court in Weilheim - “and the trend is rising,” as van der Auwera says.
In addition, there are around 330 placement procedures, adds Tobias Bucher, legal officer and group leader at the care court.
“Accommodation procedures” are, for example, cases in which a person affected is to be accommodated in the closed department of a home - for example, if there is otherwise a risk that a seriously dementia patient will leave the home and no longer be able to find their way back.
A decision from the guardianship court is always required for such decisions involving deprivation of liberty, as this represents a serious interference with the personal freedom of the person concerned.
The wishes of those affected “are made the highest maxim of action”
“The court regularly commissions a medical report, appoints a guardian ad litem who finds out the wishes and will of the person concerned and obtains a personal impression before such a decision is made,” says van der Auwera.
You can see how important the wishes of those affected are even in the case of care, says Tobias Bucher.
“They are made the highest maxim of action; there is a legally anchored duty of the carer to follow the wishes – regardless of whether they are a family member, volunteer, club or professional carer,” he explains.
Of course, there is a limit in individual cases where “there would otherwise be a significant risk”.
It all sounds pretty complicated, but it actually isn't.
There are extensive advisory services available for everyone involved.
Verena van der Auwera outlines how such a care process works.
Of course, it is easiest if the person concerned has taken precautions in good time and clarified for themselves who is allowed to make decisions for them.
The Weilheim Schongau District Office support center also provides advice on this.
No care will be ordered without a medical opinion
If there is no power of attorney for health care, then in the worst case scenario, the affected person, relatives, acquaintances, neighbors, doctors or hospitals often suggest that there may be a need for care.
The court then usually appoints the care center, which contacts the person concerned and inquires about their wishes.
Here, too, there will be another consultation.
“Care always requires that someone is sick or has a disability,” the judge clarifies.
No care will be ordered without a medical opinion.
The person concerned will also be heard by a judge before any decision is made.
If care is ordered, there are different periods of time in which it applies - always as needed, up to a maximum of seven years.
Accommodation in a closed ward can be decided for a maximum of two years.
Once these deadlines have expired, everything will be checked again and the entire process will essentially start again.
Documentation requirements are significantly lower for volunteer carers
The professional carers are also controlled by the court, says Tobias Bucher.
You would have to report extensively; if in doubt, everything would be examined in detail.
For the volunteer carers who come from close family circles, however, the documentation requirements are much lower, adds Judge van der Auwera.
Nobody has to worry that they won't be able to do it.
The district court regularly helps here and supports the volunteer carers - as does the district office, adds Bucher.
Instead of bureaucracy, there are many advisory services.
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Those affected often worry that they will be “incapacitated”.
But that is by no means the case.
Rather, it is about ensuring that the person being cared for is only given help to the extent that is really needed, van der Auwera continued in an interview with the local newspaper.