1 Central role of the judge Responsable of fundamental decisions: - PDF document

Personal herarings of the ward by the probate Court – and „Supervision“ for probate judges in Berlin Dr. Maria Mammeri-Latzel, Amtsgericht Köpenick, Berlin Adult guardianship law Current law has been shaped taking account of the crimes and discriminations during the Nazi-period 1933- 1945 1992 – fundamental reform: full guardianship is abolished 3 Principles characterize it: ● Necessity ● Autonomy/ Self- determination ● Preservation of rights Limited guardianship (Caretaking-Betreuung) for max. 7 years for specific tasks: ● Medical treatment ● Financial affairs ● Accomodation/Housing Ward have full legal capacity ( § 275 FamFG), are able to: ● address the court directly ● act without restrictions, even if guardian is appointed 1

Central role of the judge Responsable of fundamental decisions: ● Appointment/ end of adult guardianship ● Enlargemenet of guardians' duties ● Consent to important decisions of guardian – Forced hospitalization – Dangerous operations Personal contact with ward in tribunal hearings: ● In court ● At private houses, hospitals, retirement homes etc. 2

Involuntary commitment Preconditions: ● Medical expertise about necessity ● Guardian orders ward's stay in hospital against his/her will Tribunal hearing in psychiatric hospital with doctors, relatives, guardians etc. Consent of court (duration: mostly between 4-8 weeks), possibility of extention up to 2 years 3

Supervision of probate judges in Berlin Since 15 years about 8-10 judges meet every month for 100 minutes with a psychiatrist Aims: ● Quality assurance and improvement through exchange with colleagues and supervisor ● Discussions of experiences and problems in the tribunal hearings ● Coping with the wards' as well as own emotions, with the impact of diseases, handicaps, death etc. Thank you very much for your attention! 4