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

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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

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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.

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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

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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!