Law On Administrative Duties In The Care Of Adult

Original Language Title: Gesetz über die Wahrnehmung behördlicher Aufgaben bei der Betreuung Volljähriger

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Law on official duties in the care of adult (care Authority Act - BtBG) BtBG Ausfertigung date: 12.09.1990 full quotation: "care Authority Act of 12 September 1990 (BGBl. I S. 2002, 2025), most recently by article 2 of the law of August 28, 2013 (BGBl. I p. 3393) has been changed" stand: last modified by article 2 G v. 28.8.2013 I 3393 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.1992 +++) the G as article 8 G 200-3 v. 12.9.1990 I 2002 (BtG) by the German Bundestag, with the consent of the Federal Council decided. It entered into force article 11 of this G on the 1.1.1992 according.
I. authorities section 1 which authority at local level in supervision Affairs is responsible, shall be determined by national law. This authority is responsible in matters of accommodation within the meaning of § 312 No. 1 and 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction.

§ 2 to involved tasks or to carry out individual tasks of the local authority other authorities can be provided according to national law.
II. territorial jurisdiction § 3 (1) fixed the authority in whose district the person concerned has his habitual residence. Affected parties within the territorial scope of this Act has no habitual residence, such is not ascertainable or affects no individual measure, so the authority is responsible, in whose district stands out the need for the measure. The same applies if the risk associated with the delay of a measure.
(2) the circumstances relevant for the territorial jurisdiction under paragraph 1 change in the course of judicial supervision or accommodation process, so the last heard authority remains solely responsible for this procedure until now authority the Court in writing shows the change.
III. tasks of the local authority of § 4 (1) which informed authority and advises about general care-legal questions, in particular about a health care proxy and other AIDS, where no supervisor is appointed.
(2) if in individual cases, evidence of a need for care are according to § 1896 para 1 of the civil code, the authority of the person concerned to submit a range of services. This advice shall include the duty to provide other assistance where no supervisor is appointed. Here, the authority cooperates with the competent social service providers.
(3) the Authority advises and supports at their request in the performance of managers and agents from their tasks, the supervisor in particular also in the creation of the care plan.

§ 5 the authority shall ensure that there is a sufficient supply to the introduction of the maintainer and the agent in their tasks and their training in their district.

§ 6 (1) to the tasks of the Authority include it, the activity of individuals, as well as to encourage nonprofit and free organisations in favour of support be do Tiger and to promote. Continue promoting the information and advice about powers and care orders.
(2) the notary public to the supervision authority is empowered to certify signatures or hand signals on precautionary powers or supervision orders. This does not apply for signatures or hand signals without accompanying text. The competence of notaries, other persons or other bodies for public attestations and certifications shall remain unaffected.
(3) the Commissioner shall not make certification, if in the concerned matter representing one of the parties is responsible for.
(4) the supervision authority has to authorize appropriate officials and employees to carry out the tasks referred to in paragraph 2. The countries may regulate further details with respect to the technical requirements for these people.
(5) for any certification under paragraph 2 a fee of 10 euro; Expenses are not charged separately. For reasons of equity may be waived by the fee in some cases.
(6) the provincial governments be empowered to regulate the fees and expenses for consultancy and certification by way of derogation from paragraph 5 by regulation. The State Governments can transfer pursuant to sentence 1 by a regulation on the land justice administrative authorities the empowerment.

§ 7 (1), that authority may the Court of care circumstances communicated, which require the appointment of a supervisor or another measure in terms of care, as far as this is required respecting the legitimate interests of the data subject according to the findings of the authority, to avert a significant risk for the good of the person concerned.
(2) the content of the notice, the way they are sent and the receiver are on record to make.
(3) (dropped out) § 8 (1) the authority supports the service Court. This includes in particular the following measures: 1 the creation of a report in the framework of the court hearing (§ 279 paragraph 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction), 2. the education and communication of the facts of the case, believes the Court number 1, needs to be explained, as well as 3. obtaining appropriate supervisor.
(2) if the authority is prompted by the support court, it proposes a person, which is appropriate in certain cases to supervisors or procedures nurses. No appropriate person available who is willing to volunteer leadership of care, the authority is proposing a person for the professional management of the care the service Court and tells the scope of care currently professionally guided by that person at the same time.

§ 9 to carry out the tasks people are employed, which are suitable for this purpose according to their personality and usually either an education corresponding to their tasks have received (professionals) or have equivalent experience.
IV. Berlin clause § 10 the tasks that are the responsibility of the authority under other provisions, remain unaffected. The local authority is responsible within the meaning of those provisions.