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As a legal guardian, you generally provide care on a voluntary basis. In this case, you are entitled to reimbursement of expenses. However, if the legal guardianship is provided on a professional basis, you are entitled to remuneration.
Guardianships are usually carried out on a voluntary basis or as official guardianships. You are only entitled to remuneration if, in exceptional cases, you act as a professional guardian.
Remuneration is based on the provisions of the Guardianship and Caregiver Remuneration Act (VBVG). This provides for different remuneration systems for professional carers and professional guardians.
Remuneration for professional carers:
Remuneration is determined according to monthly flat rates per case, which are set out in the remuneration tables A to C in the appendix. Which remuneration table is to be applied depends on the professional training of the carer and is determined by the competent court board (see below under "Competent body") at the request of the carer after registration. The duration of the care, the usual place of residence and the financial status of the person being cared for also play a role in the calculation of the lump sum per case.
Remuneration of professional guardians:
The remuneration of professional guardians is assessed on the basis of the time spent and required for the management of the guardianship. The hourly rate is EUR 23, EUR 29.50 or EUR 39, depending on the extent to which you have professional training that can be used for the guardianship.
For professional carers:
In the case of a guardian: the family court at which the guardianship is conducted.
In the case of professional guardians: They provide legal guardianship and are registered in accordance with Section 24 of the Guardianship Organisation Act (BtOG) or are deemed to be provisionally registered in accordance with Section 32 (1) sentence 6 BtOG.
For professional guardians: As a rule, professional guardianship is deemed to exist if you manage more than ten guardianships or if more than 20 hours per week are likely to be required to manage the guardianship and the family court has determined that you are a professional guardian.
You must apply for the allowance in writing to the competent authority.
There is no application form.
The competent authority determines the amount of the allowance.
Note: If the person being cared for or the ward has no means, the state will pay you. Otherwise, you can take the amount set by the court from the assets of the person being cared for or the ward . In the case of guardianship, the prerequisite for this is that you are also appointed for the area of property care.
As a professional guardian, you must claim the remuneration from the competent authority no later than 15 months after it is incurred.
As a professional guardian, you must claim the remuneration from the competent body no later than 15 months after the date from which the remuneration can be claimed for the first time (i.e. after three months of guardianship in each case).
as a professional guardian: list of hours worked
In principle, the proceedings do not incur any costs. However, lodging an appeal may incur costs.
none
Bürgerliches Gesetzbuch (BGB):
Betreuungsorganisationsgesetz (BtOG):
§ 24 Registrierungsverfahren; Verordnungsermächtigung; Registrierungsgebühr
§ 32 Registrierung von bereits tätigen beruflichen Betreuern; vorläufige Registrierung
§ 292 Zahlungen an den Betreuer; Verordnungsermächtigung
Machine generated, based on the German release by: Justizministerium Baden-Württemberg, 02.12.2024
