Revision of the law on guardians
The first concrete implementations of the UN Convention on the Rights of Persons with Disabilities were initiated in the reporting year through the consultation process on the law on guardians. This aims to take account of the requirements of the UN Convention on the Rights of Persons with Disabilities and gradually relax the previous model of externally determined care and strengthen the autonomy of the persons concerned. According to the government's proposal, corresponding changes to supported decision-making, the regulation of legal capacity and the restriction of testamentary capacity will be implemented in accordance with the UN Convention on the Rights of Persons with Disabilities. The restriction on marital capacity will also be removed or adapted.
The Trustees' Association, the Disabled Persons' Association and the VMR welcome the planned amendments. The Association of Guardians also calls for a concrete and practicably formulated qualification of the tasks involved in the appointment of guardians. A general guardianship for all matters should be abolished. All three organizations also point out that the planned strengthening of autonomy and self-determination will require additional services in the outpatient sector. These could include, for example, the use of assistance models or support from social workers in the area of housing and living. The Disabled Persons' Association and the VMR are also calling for inclusive participation and barrier-free information for those affected, as well as targeted training courses for those affected and specialist agencies and additional resources for the guardians' association. The report and proposal for the revision is due to be published in the first half of 2025.
