Legal guardianship and its termination
March 13, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I need strong arguments to put an end to my guardianship (healthcare) arrangement.
I have an endogenous psychosis (schizophrenia), ICD-10 F 25.2. Currently stable due to well-managed medication.
The guardianship has been in place for over 10.5 years. I have had seven episodes of illness. The last discharge from the hospital was 1 year ago.
My doctor says I still need 2 more years of guardianship, based on experience. My guardian does not want to end the arrangement now, relying on the doctor's advice.
There are different opinions among judges: some say that a "probationary period" of 1 year after the last hospital stay is sufficient, while others say it should be 2 years.
What would be a detailed legal argument for ending my guardianship? I am familiar with § 1896 of the German Civil Code: A guardianship cannot be ordered against the will of the person under guardianship. How can I further develop, support, and expand upon this argument from a legal perspective?
Thank you for your response.
Dear seeker for advice,
Thank you for your inquiry!
Taking your information into consideration, I am happy to summarize and answer the questions you have raised as follows:
You are correct in that guardianship can and must be revoked if you wish, especially when the purpose of the guardianship no longer exists, and it is in your best interest for the guardianship to be lifted (this would be the reasoning in your case, in a nutshell).
This is primarily a medical question, and your doctor may indeed be correct in this regard.
Unfortunately, a corresponding letter cannot be prepared as part of an initial consultation. Additionally, important facts are missing, such as access to medical records, correspondence with courts/agencies, etc.
I therefore recommend engaging a colleague experienced in family law to thoroughly clarify the situation and, if necessary, take the appropriate steps before the competent guardianship court.
I have attached a very interesting link to this topic below, which outlines when guardianship can/must be revoked:
http://classic.unister.de/Unister/wissen/sf_lexikon/ausgabe_stichwort15500_242.html
I hope this provides you with some initial legal guidance and wish you much success and all the best!
I would like to point out the following to you:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me via my email address or the follow-up option.
Wishing you a pleasant Saturday afternoon and a restful weekend!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
