Betreuungsverein; Beantragung der Anerkennung

A care association that looks after and legally represents people on the basis of a court order must be recognized by the state.

Guardianship associations play an important role in the guardianship system. Among other things, they strive to recruit volunteer caregivers, introduce them to their tasks and provide them with further training, as well as advising and supporting authorized representatives in the performance of their duties. They also provide scheduled information on general care law issues, powers of attorney, care directives and living wills.

• The information and documents required to apply for recognition are listed in the form "Information sheet on recognition of a guardianship association" (see "Further links").

An association with legal capacity can be recognized as a guardianship association if it guarantees that it will

• perform the tasks in accordance with §§ 15 and 16 of the Supervision Organization Act, i.e. that it will carry out the cross-sectional work described in § 15 Para. 1 as well as take over supervision,
• has a sufficient number of suitable employees and will supervise, train and adequately insure them against damage that they may cause to others in the course of their work,
• facilitate an exchange of experience between employees.

In addition, the management of the care work must be entrusted to one or more professionals who are suitable in terms of training or professional experience and who are not in a relationship of dependency or any other close relationship with facilities in which persons for whom an employee of the association has been appointed as a caregiver are accommodated or reside.

The guardianship association must undertake to submit an annual activity report to the recognition authority, which in particular provides information on the number and type of guardianships taken on and the number of volunteer individual guardians introduced, trained and advised by the association in their tasks.

Further requirements are that

• the care association pursues exclusively and directly charitable purposes within the meaning of Section 52 of the German Fiscal Code,
• it has its registered office and its main area of activity in Bavaria, and
• the local guardianship office, in whose area the activities of the guardianship association extend, has determined that there is a need for its activities in the district or city in question.

You can send the application in an informal letter to the government (recognition authority) in whose district the association is based.

• Recognition is granted for the area of a specific administrative district or a specific independent city.
• Recognition is revocable and may be granted subject to conditions.
• An annual activity report must be submitted.
• In addition to the aforementioned mandatory tasks, recognized guardianship associations can also advise affected persons, relatives and other persons in individual cases on general questions of guardianship law, on powers of attorney and on other assistance in accordance with Section 5 (1) BtOG where no guardian is appointed. This also includes advice on setting up a health care proxy or care directive.