Legal Aid: What Victims Need to Know | NDR.de – Guide


Status: 2022-11-25 14:28

Many sick or elderly people are unable to manage legal matters on their own, such as contractual matters, visits to authorities or doctor’s appointments. Legal counsel will assist you.

Who applies for sick pay if you are in intensive care after a brain injury accident? Who helps with social security claims when you are in a mental crisis and unable to work? Does someone in the family or another close person have one Authorization, they can take care of it. But very few people have the power of attorney. Then legal advice can help.

No one is unemployed anymore – not for 30 years

However, the fear of becoming incapacitated when supervised and no longer able to make decisions is high. Yes since 30 years custody rights changed the guardianship and care law, incapacity is no longer possible. In fact, people used to be able to be incapacitated in one fell swoop. Then the adults had just as much right to decide as the child. This legal option has been completely abolished.

Since 1992 no adult can be disabled. And: Against human free will supervision cannot be applied in principle; unless the person is at significant risk of endangering themselves or others.

Remain able to function through care

Harald Rohde has been working as a legal advisor for 14 years.  © NDR


Legal advisors like Harald Rohde support their clients.

For many people, care only allows them to remain able to function in all areas of life when they are no longer able to do so themselves due to crisis, illness or disability. to Reform of the Guardianship Lawin 2023 January 1 coming into effect, the will of people affected by illness or crisis has become even more central to care. The so-called objective well-being of the person concerned, which previously could limit the will of the cared-for person in the guardianship law, is now was completely deleted.

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From finance to health: support only where necessary

When a caregiver is sent, it is carefully checked in which areas the person needs help. For example, care can be used only for finance, the technical jargon of “valuation care” or for health-related issues. If other matters can still be solved independently, so be it.

Victims remain “fully legally competent” through their legal representative, as it is rightly called. Very rarely, there is a “priority to consent”: in this case, transactions entered into by the responsible person are only effective when the responsible person consents. This applies, for example, when buying a car.

Victims and their relatives can offer support

Anyone who feels that they can no longer represent their rights or can no longer manage their financial affairs can also apply to the local court responsible for their place of residence (custody court) if there is no power of attorney or if no one wants to. take over affairs.

Nursing Home Counseling for Seniors © Fotolia.com Photo: Robert Kneschke

Other people, such as friends, family members or neighbors, can also offer guardianship in the county court. Often, it is the attending physician who first determines that a person needs legal assistance. So-called business contacts can also write to the district court.

For example, if a bank employee notices that a customer comes to the bank several times a day to withdraw money and shows signs of dementia, it may make sense for the court to check whether the person needs help. An informal letter to the district court of the place of residence of the person concerned is sufficient.

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Find good legal counsel yourself

Nurses receive their supervision order from the supervisory authority of the region in which they work. They are “tried” by the district court. A legal guardian is usually appointed for the person concerned. However, it is quite possible to find a supervisor yourself. Anyone who then offers to take care of himself or others in the responsible district court can put the name there. One is enough informal writingwhich we offer here as an example of a rough orientation.

Qualities of good legal advisors:

  • For example, you work in one care association or with other guardians…

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