Procedure descriptions

Legal support - applying for reimbursement of expenses

As an honorary legal guardian, you are entitled to reimbursement of necessary expenses. You can request an advance payment.

Please note: If the person being cared for is destitute, you can demand reimbursement from the state treasury.

If the person being cared for is not destitute and the careif the person being cared for is not destitute and the care also includes property care, you can take the reimbursement of expenses directly from the assets of the person being cared for.

Necessary expenses include, for example

  • Travelling expenses
  • Parking fees
  • Postage costs
  • Kopiesrcosts.

You can invoice the expenses individually or via a flat-rate expense allowance of currently 449 euros per year. The flat-rate expense allowance is granted regardless of your actual expenses. In the case of individual invoicing, you must provide evidence of the expenses.

 

Responsible department

the local court at which the guardianship is pending

Details

Prerequisite

You are an honorary legal guardian.

Procedure

  • You submit the application informally to the responsible office. If you do not apply for a lump-sum reimbursement of expenses, you must submit the list of expenses to the care court in writing.
  • The court will determine the amount to be paid out.

Deadlines

You must assert individual claims for compensation with the guardianship court no later than 15 months after they arise.

Note: The court may set a different deadline.

You must claim lump-sum expense allowances no later than six months after the end of the year in which the claim arises. This is always the case if the care has been provided for a full year.

Required documents

List of expenses for individual invoicing (with receipts)

Costs

none

Miscellaneous

Professional carers are appointed if voluntary care is not possible. They are entitled to remuneration. The amount of the remuneration is based on the Guardians and Carers Remuneration Act. The remuneration also covers expenses incurred.

Note: Voluntary guardianship is only remunerated if the scope or difficulty of the guardianship justifies it. The person being cared for must not be destitute.

Tip: Even a carer can make mistakes in the performance of their caring duties. The state has taken out collective liability insurance for volunteer carers. You can find out more about this insurance from the guardianship court.

Legal basis

Bürgerliches Gesetzbuch (BGB):

  • §§ 1875 bis 1881 Vergütung und Aufwendungsersatz

Vormünder- und Betreuungsvergütungsgesetz (VBVG)

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 14.11.2024

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