Betreuungsverfügung

Betreuungsverfügung is a private document used in Germany to influence the appointment of a guardian (Betreuer) by the family court (Betreuungsgericht) in the event that a person becomes unable to manage their own personal and/or financial affairs. The aim is to ensure that decisions about living arrangements, care, and financial matters reflect the individual’s preferences.

The document can name a preferred guardian or several alternative persons and may specify the scope of guardianship, such as personal care, housing, medical decisions, and financial administration. It is meant to guide the court while still being subject to the court’s assessment of the ward’s best interests and capacity at the time guardianship is needed.

A Betreuungsverfügung is distinct from a Vorsorgevollmacht (advance directive/Power of Attorney), which authorizes a person to act on the individual’s behalf even before any court involvement. It can complement other instruments such as a Patientenverfügung (living will) by addressing guardianship and management of affairs, and the court may take an existing Vorsorgevollmacht into account when appointing a guardian.

Procedure and effect: The Betreuungsverfügung is a private document that the court considers if guardianship becomes necessary. The court may appoint the named person as Betreuer if appropriate, or substitute another guardian if required to safeguard the person’s welfare. The document does not automatically create authority; the court’s decision remains central, and guardianship can be revised or revoked as circumstances change.

Creation and validity: For effectiveness, the document should be written, dated, and signed; notarization or witnesses are optional but recommended. It can be amended or revoked by the creator at any time while they have capacity; it remains in effect until then or until revoked.