Adult protection law is a restructuring of the previously existing guardianship, which was known to most by that name, and was brought into effect by the 2nd Adult Protection Act since July 2018. The main objective of the law is to grant as much autonomy as possible in terms of legal capacity to already adult individuals who are impaired and thus limited in decision-making ability, and to give them the opportunity to determine their legal relationships themselves. Specifically, the aim is to place adult persons who cannot sufficiently manage their affairs under the special protection of the law.
This is guaranteed in particular by a newly introduced “4-pillar model,” which consists of the following institutions:
- Advance power of attorney
- Elected adult representative
- Legal adult representation
- Judicial adult representation
Such representation is always subsidiary and therefore only comes into effect if it has been provided for by the affected person themselves or if it is unavoidable to safeguard the interests and rights of that person. It is particularly important to ensure that all measures are proportionate and consider the will of the person concerned as soon as possible.
