Area of expertise
Expert opinions on guardianship and involuntary placement
Two types of proceedings
Guardianship and involuntary placement proceedings require a medical assessment of mental illness, capacity to consent, and endangerment. In guardianship proceedings, the central question is whether and in which areas of responsibility a person can manage their own affairs. In placement proceedings, the central question is whether a measure involving deprivation of liberty is medically justified.
Privately instructed opinions
Affected persons, relatives and their legal representatives receive an independent medical assessment, for example to review an existing expert opinion. The outcome cannot be predetermined.
Examination
The place of examination depends on the state of health of the person concerned and is agreed during the instruction clarification, as far as this is organisationally possible.
Legal basis
The relevant provisions are sections 280 and 321 of the German Act on Proceedings in Family Matters (FamFG).
Professional basis
The requirements for this area are listed on the professional basis page: Guardianship and involuntary placement. For instructions see Process and fees.
Frequently asked questions
- What are guardianship proceedings about?
- In guardianship proceedings, the central question is whether and in which areas of responsibility a person can manage their own affairs.
- Who can instruct a private opinion?
- Affected persons, relatives and their legal representatives receive an independent medical assessment, for example to review an existing expert opinion. The outcome cannot be predetermined.
- Which legal provisions apply?
- The relevant provisions are sections 280 and 321 FamFG.
Medically reviewed by Doctor-medic Otilia Gudana, as of 25.10.2026