If you have not made a living will and can no longer manage your affairs yourself, it is not the case that a spouse or someone else is automatically authorised to do so. If that situation arises, an administrator, mentor and/or curator must be appointed . Such a person is appointed by the subdistrict court at the request of a family member, the public prosecutor or the institution where someone is staying.
A mentor is the person who makes decisions about the care, nursing, treatment or supervision of the person concerned. A mentor should involve the person concerned as much as possible in the performance of their duties. A person who has a mentor remains legally competent.
Natural persons and legal entities can act as mentors. Special quality requirements apply to persons who mentor more than three people. When appointing a mentor, the court shall follow the explicit preference of the person concerned, unless there are good reasons against such an appointment. If the person concerned has a partner, the partner is preferably appointed as mentor. If there is no partner, preferably one of the parents, children, brothers or sisters will be appointed as mentor.
For more information on mentorship or the obligations of a mentor, please contact us. We will be happy to advise you.
