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Supervision; enforcement assistance
Enforcement assistance for the local court in guardianship matters is one of the mandatory tasks of the guardianship offices of the districts and independent cities.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
The court must hear the person concerned in person before taking a placement measure and gain a personal impression of him or her. Where necessary, the court shall obtain a personal impression of the person concerned in his or her usual surroundings. The court may have the person concerned brought before it by the competent authority if he or she refuses to cooperate in the proceedings.
The competent authority shall assist the guardian or authorized representative within the meaning of Section 1814 (3) sentence 2 number 1 of the German Civil Code in bringing the person concerned to the placement at their request.
The authority may only use force if the court has expressly ordered this. The competent authority is authorized to request the assistance of the police enforcement bodies if necessary.
The home of the person concerned may only be opened, entered and searched by force without their consent if the court has expressly ordered this for the purpose of bringing them to a hearing or taking them to a placement. In the event of imminent danger, the order may be issued by the competent authority.
Legal bases
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§§ 312 ff. Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)Verfahren in Unterbringungssachen
Related issues
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Care court assistance; support for the courts
The guardianship authorities in the district offices and independent cities are involved in proceedings in which the local court has to decide on the appointment of a guardian as a legal representative.
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Supervision; information on official supervisionThe guardianship authority can be appointed as a guardian by the guardianship court itself under strict conditions.
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Supervision; participation in specialist committeesThe support centers in the district offices and independent cities can participate in local and supra-local expert committees.
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Legal support; submission of a proposal for appointment
The legal institution of guardianship exists for adults who are unable to manage their own affairs in whole or in part due to illness or disability.
Status: 12.08.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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