Dienstleistungsportal Bayern

Description

Prerequisites

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 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 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.

Procedure

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

Special notes

• 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.

Required documents

• Concept on the planning of the fulfilment of tasks

• Association statutes

• Insurance certificate

• Certificate of non-profit status

• Proof of the number, education and career path or other qualifications of the full-time employees

• Police clearance certificate for each employee or confirmation from the association that such a certificate is available without registration

• 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.

• Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Prefillable Form, Bavaria-wide: Tätigkeitsbericht Betreuungsgesetz (BtG) nach Art. 3 Nr. 2 des Gesetzes zur Ausführung des Betreuungsgesetzes (AGBtG) a.F.

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

• none

Legal bases

• § 14 Betreuungsorganisationsgesetz
• Art. 4 Bayerisches Gesetz zur Ausführung betreuungsrechtlicher Vorschriften (BayAGBtG)

Links to more information

• Betreuungsvereine

Related issues

• Independent youth welfare organization; application for recognition