Frail custody
In addition to guardianship, up until 1992 the frailty was a civil protection measure for disabled adults in Germany. It was replaced on January 1, 1992 by the Care Act by legal care .
In addition to guardianship, which required incapacitation , before 1992 there was also the custody of frailty. The legal basis was Section 1910 of the BGB in its version at the time. It had the following content:
(1) An adult who is not under guardianship can receive a carer for his person and property if he is unable to take care of his affairs due to physical disabilities, in particular because he is deaf, blind or dumb.
(2) If an adult who is not under guardianship is unable to take care of some of his affairs or a certain group of his affairs, in particular his property matters, as a result of mental or physical handicaps, he can get a carer for these matters.
(3) The custody may only be ordered with the consent of the frail person, unless an understanding with him is not possible.
The Guardianship Court was responsible for the order . Most recently, around 250,000 people in the Federal Republic of Germany were under frail custody (compared to around 60,000 incapacitated persons). The procedures for arranging frailty custody were considerably simpler than the corresponding incapacitation procedures. Most of these guardians were ordered as compulsory guardianship , as it was assumed that no understanding in the legal sense was possible with the persons concerned. In these cases, those affected were considered incapable of doing business (similar to those incapacitated due to mental illness), were not allowed to marry and lost the right to vote.
With the Care Act in 1992, all infirmities were turned into care (Art. 9 § BtG). The previous sphere of activity of the frail person became the task of the supervisor. The ban on voting (Art. 9 § 7 BtG) and the ban on marriage were dropped without replacement.
