Care Act
| Basic data | |
|---|---|
| Title: | Law to reform the law of guardianship and guardianship for adults |
| Short title: | Care Act |
| Abbreviation: | BtG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law , family law |
| References : | 200-3 |
| Issued on: | September 12, 1990 ( Federal Law Gazette I, p. 2002 ) |
| Entry into force on: | January 1, 1992 |
| Expiry: | April 25, 2006 (Art. 11, 210 G of April 19, 2006, Federal Law Gazette I p. 866 ) |
| Please note the note on the applicable legal version. | |
The law on the reform of the law of guardianship and guardianship for adults (Betreuungsgesetz - BtG) of September 12, 1990, which contains the entire care law applicable since January 1, 1992 , no longer exists as an independent law since it came into force. Nevertheless (also in the professional) public still speaks of the care law, if actually the care right, so the § § 1896 ff. BGB are meant.
The care law was a so-called article law ; d. that is, several other laws were changed by this law.
In the Care Act, around 300 paragraphs were changed in around 50 laws. The focus was on the substantive part of the Civil Code (BGB), in its 4th book ( family law ) the chapter on guardianship for adults was deleted and replaced by §§ 1896–1908 i BGB, which contain the substantive care law has been.
The formal-legal part was about the judicial procedure , which was previously partly in the Code of Civil Procedure (ZPO) with regard to the incapacitation procedure , e.g. Part of the then applicable law on voluntary jurisdiction ( FGG ) on frailty maintenance . The ZPO disenfranchisement procedure was replaced in favor of a uniform care procedure according to the former FGG (§§ 65 ff. FGG), which has now been replaced by the FamFG .
In addition, the right of placement has been standardized , both for the placement of minors and adults for whom a carer has been appointed, as well as for the mentally ill based on state laws ( PsychKGe ). The placement procedure was regulated in §§ 70 ff. FGG. In addition, numerous laws from both civil and public law have been adapted to the BtG. Often it was only about minor changes in legal terminology, but sometimes also about important topics. Thus, although that was election ban abolished the previously for incapacitated and under curatorship was associated persons, but an exclusion from voting introduced at a care for all matters.
Since the Care Act came into force, a legal representative no longer has the right to have the person under care sterilized by virtue of his office . If a supervised person is to be sterilized, a separate sterilization supervisor must be appointed for this process ( Section 1899 Paragraph 2 BGB).
A new law was included in the BtG: the Care Authority Act (BtBG), which regulated the tasks of the care authority and the responsibility of the youth welfare office (according to the former Youth Welfare Act or the KJHG, which has been in force since 1990, see SGB VIII ), also for incapacitated adults finished.
The transitional provisions (Art. 9 and 10) regulated a. the transfer of the previous guardianship and guardianship to care and their review by 31 December 2001 at the latest, the deletion of the entries in the federal central register , the deletion of the exclusions from elections of the persons subject to frail care . Since all these regulations were settled by the passage of time, they were replaced by the above. Law of April 19, 2006 deleted.
The state implementation laws for the BtG remain in force, especially since the basis for authorization was not the BtG itself (as the title of the law suggests), but individual provisions that were contained within the BtG (e.g. § 1908f BGB, § 1 and § 2 Supervision Authorities Act, etc. .).
