Legal support: important information for those affected and relatives!

Legal support: important information for those affected and relatives!

In today's society, it is important to spread the right information about legal support, since many people are still believing that this measure is equivalent to incapacitation. The incapacitation was abolished in 1992. This clears the way for a modern, flexible system, which according to Hans Reichherzer, a graduate social pedagogue at the Caritas Association Kaufbeuren-Ostallgäu, is primarily aimed at supporting people in difficult situations and at the same time maintaining their self-determination. This is reported by the Allgäuer Zeitung .

An important concern of the reformed right to care that has been in force since January 1, 2023, it is to guarantee the self -determination of the person who is supervised. The supervisors are now obliged to put the wishes of their protégés at the center of their decisions, as can be seen from information from the Federal Ministry for Justice and Consumer Protection . In addition, the supervision by the care court is more geared towards the concerns of the person cared for. Reports that are sent to the court by supervisors must always reflect the perspective of those affected.

Ordering a supervisor

Responsibility for the appointment of legal care lies with the care court. The process usually begins with an application that can either be initiated ex officio by the person with disabilities or, if necessary. Such an application can be made in a simple form, which facilitates access for those affected. In this procedure, potential supporters and relatives are also included in the process, whereby the wishes of the data subject are always taken into account, such as Lebenshilfe explained.

It is also important to know that legal support is only set up if other help is not sufficient. The legislature has made alternatives preventive, such as the possibility of a preventive power of attorney that can make a supervisor order superfluous. This regulation aims to protect the individual habitat of the supervised people and to promote personal life.

A look into the future

The challenge of signing the future of legal care can also be seen in the adjustment of the remuneration for professional groups such as professional supervisors, guardians and procedural nurse. From January 1, 2026, higher remuneration for these people is expected to counteract the regionally significant lack of professional caregivers. The need is there, and the Federal Ministry has also carried out an evaluation of the existing remuneration system in order to improve the framework conditions for this important activity.