Guardianship association; application for recognition
A guardianship association that provides care and legal representation to people on the basis of a court order must be recognized by the state.
Description
Guardianship associations play an important role in the guardianship system. Among other things, they endeavor to recruit volunteer guardians, 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 information on a regular basis about health care proxies, advance directives and living wills.
Prerequisites
An association with legal capacity may be recognized as a guardianship association if it guarantees that it will
- will carry out the tasks according to §§ 15 and 16 of the guardianship organization law, i.e. will perform the cross-sectional work described in § 15 (1) as well as take over guardianships,
- has a sufficient number of suitable employees and will supervise, train and adequately insure them against damage which they may cause to others in the course of their work,
- will allow for an exchange of experience among employees.
In addition, the management of the care work must be entrusted to one or more professionals suitable in terms of training or professional experience, who are not in a relationship of dependence or other close relationship with institutions in which persons for whom an employee of the association is appointed as a caregiver are housed 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 assumed as well as the number of volunteer individual guardians introduced, trained and advised by the association in their tasks and presents the costs and financing of the administrative and guardianship work.
Further requirements are that
- the care association pursues exclusively and directly charitable purposes in the sense of § 52 of the tax code,
- it has its registered office and its predominant 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 independent city concerned.
Procedure
You can send the application with an informal letter to the government (recognition authority) in whose district the association has its registered office.
Special notes
- Recognition is granted for the territory of a specific county 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 above-mentioned compulsory tasks, recognized guardianship associations can also provide advice on a case-by-case basis to affected persons, relatives and other persons on general questions of guardianship law, on health care proxies and on other assistance pursuant to Section 5 (1) BtOG where no guardian is appointed. This also includes advice on the establishment of a health care proxy or care directive.
Required documents
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Concept on the planning of the fulfilment of tasks
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Association statutes
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Insurance certificate
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Certificate of non-profit status
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Proof of the number, education and career path or other qualifications of the full-time employees
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Police clearance certificate for each employee or confirmation from the association that such a certificate is available without registration
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Further documents on request of the recognition authority
Forms
Please select a location in "Localization" so that the address of the responsible authority can be filled in.
Links to more information
Status:10.03.2023
Responsible for editing:Bayerisches Staatsministerium für Familie, Arbeit und Soziales
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Form, Bavaria-wide
- Form, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited