Aufwendungsersatz für ehrenamtliche Betreuerinnen und Betreuer (Vormund) beantragen
Inhalt
Begriffe im Kontext
- Geburt, Sorgerecht für Minderjährige, elterliche Pflichten, Vorschriften für Leihmutterschaft und Adoption, einschließlich Stiefkindadoption, Unterhaltspflichten für Kinder bei grenzüberschreitenden familiären Gegebenheiten
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Guardianship is basically an honorary position; there is no remuneration.
However, honorary guardians are entitled to reimbursement of their expenses.
The guardian and the counter-guardian have a claim against the ward for reimbursement of the expenses incurred for the purpose of the guardianship. If the guardian has custody of the assets, he or she can take the amount of the expenses from the managed assets. Otherwise, the amount must be determined by a court.
If the ward is destitute, the claim is made against the state treasury.
Expenses can be, for example
- Travel costs
- Costs of appropriate insurance (against damage that may be caused to the ward by the guardian or counter-guardian or that the guardian or counter-guardian may incur as a result of being obliged to compensate a third party for damage caused by the management of the guardianship)
- Costs of living and education of the ward (if the ward lives in the guardian's household)
Note: The state of Mecklenburg-Vorpommern has taken out collective liability insurance for voluntary guardians. You can find out more about this insurance from the family court.
If the guardian does not wish to account for the expenses individually, he/she can instead claim a lump-sumannual expense allowance(unless he/she is a professional guardian). This is paid every year - for the first time one year after the guardian is appointed. The Youth Welfare Office or an association is not granted an expense allowance.
If a court order is required, the list of expenses must be submitted to the family court in writing. The court will determine the amount to be paid out.
Claims for compensation expire if they are not asserted in court within 15 months of arising.
The assertion of the claim at the family court is also deemed to be an assertion against the ward.
Note: Other deadlines may be set by the court.
The lump-sum expense allowance must be claimed no later than three months after the end of the year in which the claim arises.