Applying for remuneration as a professional carer or professional guardian
As a legal guardian, you generally provide care on a voluntary basis. In this case, you are entitled to reimbursement of expenses. However, if the legal guardianship is provided on a professional basis, you are entitled to remuneration.
Guardianships are usually carried out on a voluntary basis or as official guardianships. You are only entitled to remuneration if, in exceptional cases, you act as a professional guardian.
Remuneration is based on the provisions of the Guardianship and Caregiver Remuneration Act (VBVG). This provides for different remuneration systems for professional carers and professional guardians.
Remuneration for professional carers:
Remuneration is determined according to monthly flat rates per case, which are set out in the remuneration tables A to C in the appendix. Which remuneration table is to be applied depends on the professional training of the carer and is determined by the competent court board (see below under "Competent body") at the request of the carer after registration. The duration of the care, the usual place of residence and the financial status of the person being cared for also play a role in the calculation of the lump sum per case.
Remuneration of professional guardians:
The remuneration of professional guardians is assessed on the basis of the time spent and required for the management of the guardianship. The hourly rate is EUR 23, EUR 29.50 or EUR 39, depending on the extent to which you have professional training that can be used for the guardianship.
Responsible department
For professional carers:
- The guardianship court where the guardianship is pending is responsible for determining the remuneration.
- The president of the regional court in whose district your registered office or, alternatively, your place of residence is located is responsible for determining which remuneration table applies to the remuneration to be claimed by you. This does not apply if your registered office, or alternatively your place of residence, is in the district of a local court presided over by a president; in this case, this president has jurisdiction.
In the case of a guardian: the family court at which the guardianship is conducted.
Details
Prerequisite
In the case of professional guardians: They provide legal guardianship and are registered in accordance with Section 24 of the Guardianship Organisation Act (BtOG) or are deemed to be provisionally registered in accordance with Section 32 (1) sentence 6 BtOG.
For professional guardians: As a rule, professional guardianship is deemed to exist if you manage more than ten guardianships or if more than 20 hours per week are likely to be required to manage the guardianship and the family court has determined that you are a professional guardian.
Procedure
You must apply for the allowance in writing to the competent authority.
There is no application form.
The competent authority determines the amount of the allowance.
Note: If the person being cared for or the ward has no means, the state will pay you. Otherwise, you can take the amount set by the court from the assets of the person being cared for or the ward . In the case of guardianship, the prerequisite for this is that you are also appointed for the area of property care.
Deadlines
As a professional guardian, you must claim the remuneration from the competent authority no later than 15 months after it is incurred.
As a professional guardian, you must claim the remuneration from the competent body no later than 15 months after the date from which the remuneration can be claimed for the first time (i.e. after three months of guardianship in each case).
Required documents
as a professional guardian: list of hours worked
Costs
In principle, the proceedings do not incur any costs. However, lodging an appeal may incur costs.
Miscellaneous
none
Legal basis
Bürgerliches Gesetzbuch (BGB):
- § 1808 Vergütung und Aufwendungsersatz
- §§ 1875 - 1881 Vergütung und Aufwendungsersatz
Betreuungsorganisationsgesetz (BtOG):
§ 24 Registrierungsverfahren; Verordnungsermächtigung; Registrierungsgebühr
§ 32 Registrierung von bereits tätigen beruflichen Betreuern; vorläufige Registrierung
§ 292 Zahlungen an den Betreuer; Verordnungsermächtigung
Release note
Machine generated, based on the German release by: Justizministerium Baden-Württemberg, 02.12.2024