Supervision Authority Act

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Basic data
Title: Law on the performance of official tasks
in the care of adults
Short title: Supervision Authority Act
Abbreviation: BtBG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Guardianship law , administrative law
References : 404-24
Issued on: September 12, 1990
( Federal Law Gazette I, p. 2002, 2025 )
Entry into force on: January 1, 1992
Last change by: Art. 5 G of July 17, 2017
( Federal Law Gazette I p. 2426, 2428 )
Effective date of the
last change:
July 22, 2017
(Art. 8 G of July 17, 2017)
GESTA : C145
Please note the note on the applicable legal version.

The care Authorities Act was in Germany part of which came into force on 1 January 1992. Care Act , which set up under Guardianship (for full-year olds ) and Gebrechlichkeitspflegschaft by the support have been replaced. It installed a new specialist authority instead of the youth welfare office that was previously also responsible for adults .

Main features

  • § 1 - Formation of supervisory authorities (according to state law mainly rural districts and urban districts)
  • § 2 - additional authorities (state authorization clause, established in most states as supra-local supervisory authorities)
  • § 3 - local jurisdiction ( habitual residence of the person concerned)
  • § 4 - Duty of the authority to advise and support supervisors and authorized representatives; Assistance with the care plan
  • § 5 - Provision of information and clarification options on health care proxy and supervision orders
  • § 6 - general funding obligation, certification of signatures and show of hands under precautionary powers of attorney and supervision orders
  • § 7 - Right to notify the Guardianship Court - Data protection
  • § 8 - General obligation to support the family court, reconstruction of the facts, designation of suitable Managers and method Pfleger
  • § 9 - other tasks of the supervision authority (according to BGB , FGG , VBVG , state law)
  • § 10 - Berlin Clause (irrelevant)

The Care Authority Act is not part of the Social Security Code , although the tasks of the youth welfare office are similar to those of the Youth Welfare Office according to Book 8 of the Social Code (SGB VIII). Therefore, the administrative procedure laws and data protection laws of the federal states also apply to the supervision authority , but not the tenth book of the Social Code (SGB X).

See also

literature

  • Note: the BtBG is not commented on independently; it is included in the comments on the right to care.
  • Brucker (Ed.): Tasks and organization of the supervision authority; Frankfurt 2000, ISBN 3-923098-68-5
  • Brucker (Ed.): Care Authorities on the Way into the 21st Century, Essen 2001 (without ISBN)
  • Deinert: Signature authentication by the supervisory authority; BtMan 2005, 24
  • Deinert / Walther: Handbook of the care authority; 3rd edition Cologne 2006, ISBN 3-89817-445-X

Web links