The scope of the guardian’s activities is determined by the responsible guardianship court in guardianship law. The well-being of the person being cared for should always be at the forefront of guardianship law; they should therefore decide and act independently as far as possible. For this reason, the person being cared for under guardianship law generally remains legally competent; only in exceptional cases is it stipulated in guardianship law, for their protection, that they require the consent of the guardian for certain areas of responsibility. (see § 1903 BGB). Furthermore, under guardianship law, a guardian may not be appointed against the free will of the person concerned.
Guardianship law regulates assistance for adult people who are no longer able to manage their legal matters independently due to mental illness or a physical, mental or emotional disability. (see § 1896 BGB)