Die Kontrolle der betreuungsrechtlichen Vermögensverwaltung

eine rechtliche und empirische Analyse

authored by

Andreas David Peikert

supervised by

Bernd-Dieter Meier

Abstract

By creating the legal institution of legal guardianship (Rechtliche Betreuung), the German legislator has transferred part of its duty, derived from the welfare state principle, to care for citizens in need of assistance to individuals. The resulting responsibility to monitor legal guardians (Rechtliche Betreuer) in the context of asset management was to be examined for its functionality and effectiveness in the context of this thesis. To this end, the guardianship law before and after the act on the reform of guardianship law (Gesetz zur Reform des Vormundschafts- und Betreuungsrechts) of 04.05.2021 was analyzed. The findings were supplemented by an empirical study of files of guardianship authorities, guardianship courts and criminal courts. The existing control instruments in guardianship law are insufficient both before and after the above-mentioned reform, and give caregivers who act in bad faith the opportunity to enrich themselves with the assets of the people they care for. The state is withdrawing from its responsibility to provide care, particularly in the case of family-based voluntary guardians. The empirical study did not reveal any sufficient differences between professional legal guardians and family-based voluntary guardians to justify the differences in the level of control that were identified.

Organisation(s)

Professorship for Public Law and Law of Digital Society

Type

Doctoral thesis

No. of pages

440

Publication date

29.02.2024

Publication status

Published

Sustainable Development Goals

SDG 16 - Peace, Justice and Strong Institutions

Electronic version(s)

https://doi.org/10.15488/16366 (Access: Open)