If a person of legal age is unable to manage their affairs in whole or in part owing to a mental illness or a physical, mental or emotional impairment, the guardianship court can, at the person’s request or through the relevant authority, appoint a guardian for such individual, § 1896 para 1 sentence 1 BGB.
An advance directive can stipulate who the guardian should or should not be if an order for a guardianship becomes necessary.
When appointing a guardian, the guardianship court must take the proposals contained in the advance directive into account within the scope of § 1897 para 4 BGB.
An effective advance directive can often safeguard against the appointment of a guardian who is not known to the individual.
We advise you on the selection of a suitable person and the formulation of an advance directive.