1.2.20 Suggestion of supervision

1 Purpose and objective

If an adult is unable to manage all or part of their affairs due to a mental illness or a physical, mental or psychological disability, the guardianship court will appoint a guardian for them at their request or ex officio.
When appointing a carer, a number of circumstances must be taken into account, but these are outside the hospital's remit. The only thing that can be done here is to recognise the need for care in order to suggest the appointment to relatives or the guardianship court.

The entire procedure, including contact details for the courts and authorities, must be regulated. Communication with the carers and the obligations towards them must be explained

2 Scope of application

Patients who can no longer or only inadequately manage their own affairs, e.g. in the area of healthcare, and in particular can no longer give effective consent to medical measures.

3 Description

If a patient is no longer able to manage their own affairs, a guardianship must be set up in accordance with Section 1896 of the German Civil Code (BGB). In hospital, this situation usually arises when a medical procedure is necessary, but the patient has not been informed of the purpose and risks and is therefore no longer able to give effective consent.
The need should first be raised with the relatives. The social services will provide support in providing information and, if necessary, clarifying the family background. If the situation does not allow any delay, e.g. before a medical procedure or if the patient is restrained, the suggestion should be made to the court immediately.
Form Appendix 1 should be used for this purpose.
A medical certificate can be helpful for the decision of the guardianship court. Form Appendix 2 can be used for this purpose.

4 Documentation

Suggestion of support (Form 1) Medical certificate (Form 2) Records in the medical file: Date, time of application, name, address, contact details of the carer and area of responsibility for which the carer has been appointed.

5 Resources/time required

Approx. 15 minutes for completing and sending the forms

6 Responsibilities

Nursing staff, medical service: Determination of necessity

Social services: clarification of the social background

7 Notes and comments

Guardianship is set up for certain defined areas of responsibility. The areas of health care and financial matters are important for the hospital

8 Applicable documents

8.1 Literature, regulations

Civil Code, Section 3 - Guardianship, legal care, curatorship (§§ 1773 - 1921) Title 2 - Legal care (§§ 1896 - 1908k)

8.2 Terms

Attachments