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Supervision - Change of supervisor Gesundheit und Vorsorge

At the request of a party to the proceedings, a change of guardian may be carried out

  • Basic information

    • If there are lasting differences between the guardian and the person concerned which no longer permit trusting contact between them, any party to the proceedings may apply for a change of guardian.
    • The court shall decide on the application, which must always be made in writing. Reasons must be given for the application. If possible, the person concerned should be able to name a new guardian at the time of application.

    Requirements

    Written application by a party to the proceedings

  • Procedure

    • After receipt of the application, the case is submitted to the competent judge for a decision.
    • As a rule, a written statement is obtained from the defendant or a judicial hearing is scheduled. If necessary, the guardianship authority is commissioned to determine the suitability of a potential new guardian, or of the former guardian.
    • The court decides by order after making the appropriate determination. This can be contested with the admissible legal remedy of an appeal. This must be lodged within one month of receipt of the order. The court order shall refer to the admissible appeal as well as the form and time limit in the instructions on appeal.
    • If the change of guardian is implemented, further procedural pleadings shall be prepared by the competent judicial officers and forwarded to the parties to the proceedings.

    More information

    In principle, statements, applications or other requests must be submitted to the court in writing. Motions/suggestions are also possible in formless power of attorney.

  • Necessary Documents

    • Written application by a party to the proceedings

      Written application by a party to the proceedings

  • Competent Department

  • Fees / Costs

    With regard to the implementation of the change of guardian in the ongoing guardianship proceedings, there is no separate fee element. The current fees already arise with the establishment of the procedure and are reviewed annually.

  • Legal Bases

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The official information in German is complete and correct. 21.03.2024

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