Care association
A care association is an association that has been recognized by the competent authority (mostly supra-local care authority) in accordance with Section 1908f of the German Civil Code (in conjunction with state law) and that takes care of people in need. The legislator attaches great importance to the recognized care associations in the implementation of the Care Act in practice. These are registered associations . There are currently around 830 care associations in Germany. The number has been falling slightly for years.
The legislator has adopted the basic concept of a care association from the concept of “organized individual guardianship”, which comes from the area of church social work . According to this, voluntary members of the association take care of the supervision and are supported by the full-time specialists with difficult individual questions.
Full-time employees of the care association can be appointed as supervisors in this capacity in accordance with Section 1897 (2) BGB . You are legally a single supervisor. The prerequisite is the consent of the association and the employee. The association employee is largely free from official instructions in relation to the management of support. However, the association can at any time request the dismissal from the guardianship court ( Section 1908b BGB).
The association itself can also be appointed as a supervisor if supervision by a natural person is not sufficient ( Section 1900 BGB). He must transfer the actual management of the care to one or more employees or members and apply for his release from office as soon as a natural person is sufficient as a carer. The supervised person can lodge a complaint with the court against the selection of staff by the association ( Section 303 (2 ) FamFG ).
If the association itself is designated as a supervisor, it may not decide on sterilization ( Section 1900 (5) BGB).
The association can apply for reimbursement of expenses and remuneration for the activities of its supervisors in accordance with Section 7 Guardian and Supervisor Compensation Act. In addition, as an exempt supervisor , he is exempt from certain formal requirements, such as the accounting requirement.
In addition to providing supervision, the association has to carry out planned recruitment, advice and training for volunteer supervisors . For this purpose, appropriate further training programs are usually offered by so-called cross-sectional officers. In most federal states, the care associations have joined together in state working groups in order to be able to work more efficiently and in a more targeted manner.
According to some state regulations, the association has to participate in local care working groups for coordination. Most federal states grant grants for these activities.
Since January 1, 1999, care associations have also been required to provide regular information about power of attorney and care decrees. People who care powers of attorney and / or living wills want to build, may consult with recognized care associations since July 1, 2005. In the clubs, this is usually done by the cross-sectional officers trained for this.
