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Legal custodianship at the Betreuungsgericht

It is ordered only if it is necessary — and often it is not

Betreuungsgericht (custodianship court)§ 1814 BGBPower of attorney takes precedence

The Betreuungsgericht is a department of the Amtsgericht. It appoints a custodian for adults who, because of an illness or disability, can no longer manage their own affairs. The decisive sentence is in the German Civil Code (Bürgerliches Gesetzbuch, BGB), § 1814 Abs. 3 BGB: a custodian may be appointed only if this is necessary — and it is not necessary to the extent that the affairs can be managed just as well by an authorised representative.

This leads to the most important practical advice on this page, aimed at people who can still make decisions for themselves: a Vorsorgevollmacht (lasting power of attorney) generally makes legal custodianship unnecessary. It costs a fraction as much, takes effect immediately and lets you decide for yourself who acts for you. Anyone who has not granted one leaves this choice to the court.

The costs are often stated incorrectly. For the duration of the custodianship, the court charges an annual fee under KV 11101 GNotKG. Only the assets that, after deducting liabilities, amount to more than €10,000 are taken into account; owner-occupied residential property within the meaning of social assistance law is disregarded. The fee is €11.50 for each €5,000 or part thereof of the assets to be taken into account, at least €230.00. If the custodianship does not last longer than three months, it is €100.00.

Last updated28 August 2026
Legal basis§ 1814 BGB · GNotKG KV 11101
VerificationGNotKG KV 11101 · § 1814 Abs. 3 BGB
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Annual fee from€10,000 in assetsAfter deducting liabilities
Minimum fee€230.00€11.50 per €5,000 or part thereof
PrecedenceLasting power of attorney (Vorsorgevollmacht)§ 1814 Abs. 3 BGB — necessity
Required documents

What you need

Medical certificate

On the nature and extent of the illness or disability and on which matters the person concerned can no longer manage themselves. The court obtains its own expert report during the proceedings; an existing certificate speeds up the start.

Existing powers of attorney

Be sure to produce any existing Vorsorgevollmacht. If it is sufficient for the matters at hand, custodianship is not necessary and will not be ordered — this saves the proceedings and the annual fee.

Overview of assets and liabilities

This determines the annual fee. Only assets above €10,000 after deducting debts are taken into account; owner-occupied residential property is disregarded. Complete information on liabilities directly reduces the fee.

Information on the proposed person

The wishes of the person concerned regarding the choice of custodian must be taken into account. Relatives who act as custodians on a voluntary basis receive no remuneration, but an annual flat-rate expense allowance of €425.

Step by step

How to proceed

  1. 1

    First check whether a power of attorney is sufficient

    As long as the person concerned has capacity to contract, a Vorsorgevollmacht is the better route: faster, cheaper and self-determined. § 1814 Abs. 3 BGB excludes custodianship to the extent that an authorised representative can manage the affairs just as well.

  2. 2

    Initiating the matter with the Betreuungsgericht

    Custodianship proceedings are initiated at the request of the person concerned or of the court's own motion; relatives can suggest that they be initiated. The competent court is the Amtsgericht at the habitual residence of the person concerned. No form is prescribed; an informal description is sufficient.

  3. 3

    Proceedings with a hearing and an expert report

    The court hears the person concerned in person, usually appoints a litigation guardian (Verfahrenspfleger) and obtains an expert report. The hearing is not a formality: wishes regarding the choice of custodian and the scope of the custodianship must be taken into account.

  4. 4

    Keep the scope as narrow as possible

    Custodianship is ordered only for the areas of responsibility in which it is necessary — for example, management of financial affairs or healthcare matters. A blanket, all-encompassing scope is not permitted. The narrower the scope, the more self-determination is preserved.

  5. 5

    Budget for the annual fee and have it reviewed

    The fee is charged annually, for as long as the custodianship lasts and assets above €10,000 exist. Check the cost statement: liabilities and owner-occupied residential property reduce the assets to be taken into account. The custodianship must also be reviewed regularly to see whether it needs to continue.

Fee information

Costs and payment

Annual fee by assetsGNotKG KV 11101
Assets up to €10,000No annual fee
Calculation€11.50 per €5,000 or part thereof
Minimum fee€230.00
Custodianship up to three months€100.00
Voluntary custodianFlat-rate expense allowance €425/year
Owner-occupied propertyDisregarded

Only the assets that, after deducting liabilities, amount to more than €10,000 are taken into account. Anyone who does not state their debts pays too much. The figure of €25,000 often quoted does not match the cost schedule.

Good to know

Important notes

The threshold is €10,000, not €25,000. KV 11101 GNotKG only takes into account assets that, after deducting liabilities, exceed this amount — anyone relying on a higher threshold will be caught out by the annual fee.

The minimum fee is €230.00 per year, not a one-off payment. It is charged for every calendar year in which the custodianship exists and assets to be taken into account are present.

A Vorsorgevollmacht usually makes custodianship unnecessary. § 1814 Abs. 3 BGB permits it only to the extent that an authorised representative cannot manage the affairs just as well.

A spouse does not automatically have the right to decide. The emergency right of representation in healthcare matters is limited to six months and covers neither finances nor housing — it is no substitute for a power of attorney.

Voluntary custodians receive no remuneration, but an annual flat-rate expense allowance of €425. It must be claimed from the Betreuungsgericht and lapses if not applied for in time.

Avoid these mistakes

Common mistakes

Assuming an asset threshold of €25,000. Under KV 11101 GNotKG, the relevant figure is €10,000 after deducting liabilities.

Leaving debts out of the statement of assets. They directly reduce the assets to be taken into account and therefore the annual fee.

Not producing an existing Vorsorgevollmacht. If it is sufficient, custodianship is not necessary — and the proceedings and the fee do not arise.

Applying for custodianship with as wide a scope as possible. It may only be ordered for the necessary areas of responsibility; a wide scope unnecessarily removes self-determination.

Forgetting the expense allowance as a voluntary custodian. The €425 per year must be applied for; it is not paid out automatically.

Frequently asked questions

Questions and answers

From what level of assets does custodianship cost anything?

Under KV 11101 GNotKG, only assets that, after deducting liabilities, amount to more than €10,000 are taken into account; owner-occupied residential property within the meaning of social assistance law is disregarded. The annual fee is then €11.50 for each €5,000 or part thereof, at least €230.00. If the custodianship does not last longer than three months, it is €100.00.

Can I avoid custodianship?

As a general rule, yes, with a Vorsorgevollmacht. § 1814 Abs. 3 BGB only permits the appointment of a custodian if it is necessary — and it is not, to the extent that an authorised representative can manage the affairs just as well. The requirement is that the power of attorney is granted while the person still has capacity to contract.

Does my spouse not automatically decide for me anyway?

Only to a very limited extent. The statutory emergency right of representation between spouses applies only to healthcare matters, is limited to six months from the medical diagnosis, and covers neither banking matters nor housing or contracts. It is a stopgap for the first few months, not a substitute for a power of attorney.

What does a voluntary custodian receive?

No remuneration, but an annual flat-rate expense allowance of €425 per custodianship. It covers travel costs, postage and telephone on a flat-rate basis and must be claimed from the Betreuungsgericht. Professional custodians, by contrast, are paid according to their own rates, which depend on the type of accommodation and the duration.

How narrow is the scope of custodianship?

As narrow as possible. It is ordered only for the areas of responsibility in which it is necessary — for example financial, healthcare or residence matters. A blanket custodianship covering all areas is not permitted. At the hearing, you can argue for the scope to be limited.

Is custodianship reviewed again?

Yes. The court sets a date for review and then checks whether the custodianship needs to continue and to what extent. If the requirements no longer apply, it must be lifted. The person concerned can also ask for a review at any time.

Related official procedures

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Family court — mandatory representation by a lawyer
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Beratungshilfe (advisory assistance)
Personal contribution €15, waiver possible
€15
Apply for an Erbschein (certificate of inheritance)
Twice 1.0 under Table B — not once
From €150 at €10,000

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