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A guardian is only appointed if this is necessary because a person is no longer able to manage all or part of their affairs.

Caregivers may only be appointed for those areas of responsibility in which care is actually required. Areas that the person concerned can manage independently may not be assigned to the guardians. What the person being cared for can still do themselves and what they need a legal representative for is determined in court proceedings.

The guardian represents the person being cared for in and out of court in their area of responsibility.

• Guardianship includes the handling of all matters determined by the court for the person under guardianship
• The execution must be in the best interests of the person being cared for and also includes the possibility for the person being cared for to organize their own life within the scope of their abilities.
• The guardian must comply with the wishes insofar as this is not contrary to the best interests of the person being cared for and is reasonable for the guardian. This also applies to wishes expressed by the person being cared for prior to the appointment of the caregiver.
• Within the scope of his or her duties, the guardian shall promote the elimination of the illness or disability, its improvement or the prevention of a worsening. In the case of professional care, the caregiver draws up a care plan at the beginning of the care by order of the court, which sets out the goals of the care and the measures to be taken.
• If the guardian becomes aware of circumstances or possibilities for restricting the scope of duties that would allow the guardianship to be terminated, he or she must inform the guardianship court of this.

The court charges the person concerned fees based on the value of their net assets.

Legal guardianship is appointed if the person concerned is unable to manage their own affairs.