New German Law to Reform Guardian and Caregiver Compensation and Relieve Courts and Caregivers
Berlin, January 16, 2025 – The German government has introduced a new law aimed at reforming the compensation system for guardians and caregivers and reducing the workload of guardianship courts and caregivers. The draft law, titled “20/14525: Draft Law on the Reorganization of Guardian and Caregiver Compensation and Relief for Guardianship Courts and Caregivers,” was submitted to the Bundestag, the lower house of the German parliament, on January 16, 2025.
Key Provisions of the New Law
The new law proposes several key changes to the current system of guardian and caregiver compensation and the operation of guardianship courts:
1. Increased Compensation for Guardians and Caregivers:
- The law proposes a significant increase in the hourly compensation rates for guardians and caregivers, with the aim of bringing them more in line with the actual costs of providing care.
- The new rates would be calculated based on the level of responsibility and effort required for each case.
2. Simplified Compensation Process:
- The law aims to simplify the process for guardians and caregivers to claim compensation for their services.
- A new online portal will be created to streamline the application process and reduce the administrative burden on courts.
3. Relief for Guardianship Courts:
- The law includes measures to relieve the workload of guardianship courts, which are currently facing a growing number of cases.
- It proposes the creation of specialized guardianship chambers within the courts to handle complex and demanding cases.
4. Improved Support for Caregivers:
- The law recognizes the challenges faced by caregivers and proposes measures to provide them with additional support.
- These measures include training programs, access to legal advice, and the establishment of support networks.
Background and Rationale
The new law is part of a broader government initiative to reform the German care system. The current system has been criticized for being overburdened and underfunded, leading to long wait times for appointments and inadequate support for caregivers.
The government believes that the new law will help to address these issues by increasing the availability of qualified guardians and caregivers, reducing the workload of guardianship courts, and providing better support for those providing care to vulnerable individuals.
Next Steps
The draft law is now under consideration by the Bundestag. If approved, it is expected to come into effect in 2026. The government has stated that it will continue to monitor the implementation of the new law and make any necessary adjustments to ensure its effectiveness.
20/14525: Gesetzentwurf Entwurf eines Gesetzes zur Neuregelung der Vormünder- und Betreuervergütung und zur Entlastung von Betreuungsgerichten und Betreuern (PDF)
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