When others make decisions for me - legal guardianship in Beeskow
Legal guardianship means that another person makes decisions for me in certain areas of my life – be it finances, health, or dealings with authorities. This is a thought that initially triggers uncertainty and perhaps even fear. However, with the right support – such as that available in Beeskow – dignity and self-determination can be preserved, even when one is dependent on assistance.
It was a perfectly ordinary Tuesday morning when my doctor explained that I would be assigned a legal guardian. I sat in her office in Beeskow, my hands folded in my lap, trying to grasp what this would mean for my life. Someone else would be making decisions for me. About my finances. About my health. About things I had always handled myself until then.
I was 71 years old, lived alone, and my children lived far away. After my stroke, I found it difficult to understand forms or pay my bills on time. But did that mean I was no longer capable of making my own decisions? This question troubled me for a long time.
What is legal guardianship – and what isn't?
Many people confuse legal guardianship with legal incapacitation. This is a common misconception.
Legal guardianship is not a tool that takes away my freedom. It is a legally regulated form of support for people who can no longer manage certain affairs themselves – for example, due to illness, disability, or age. The guardian acts solely in the best interests of the person under guardianship and only in those areas for which the court has ordered guardianship.
Since the reform of guardianship law in Germany in 2023, the principle of self-determination has been even more central. Guardians must follow the wishes of the person under their care – even if these wishes do not seem optimal from their perspective.
A story that seems familiar to me.
Hildegard, 68 years old from Beeskow, told me at a meeting of the local senior citizens' group what it was like for her:
"At first, I felt like a burden. Like I wasn't myself anymore. But my caseworker took the time to listen to me. He never made decisions for me – he talked with me."
Hildegard's story sounds familiar. The moment you accept that helping others is not a defeat changes everything.
For me, that moment came when my caseworker – assigned by the Frankfurt/Oder District Court – visited me for the first time. He introduced himself, asked about my wishes, and explained to me exactly what he was allowed to do for me and what he wasn't. That gave me a sense of security.
How does it feel when others make decisions for me?
Honestly: difficult. At least at the beginning.
There's this inner voice that says: I'm not a child. I know what's good for me. And at the same time, deep down you know you need help – and that there's no shame in accepting it.
What helped me was understanding that my caseworker is not my legal guardian. He is not a judge. He is a person who legally ensures that my interests are protected – especially when I am no longer able to do so myself.
There are moments of relief: when a complicated application to the social welfare office is suddenly resolved. When a doctor's decision doesn't rest solely on my shoulders. When someone is there to share the responsibility.
And there are moments of friction: for example, when I want to make a decision that my supervisor considers risky. But that's part of it too – and the law protects me in that regard.
What do experts say about legal guardianship?
Gudrun Kellner, a social worker and long-time caregiver in the Oder-Spree district, describes her work as follows:
"Care is not an intrusion into a life – it is a bridge. I am there to fill gaps that someone can no longer fill alone. But the person themselves remains the focus."
This attitude is crucial. Legal guardianship only succeeds if it is based on trust – and not on control.
The role of the legal guardian in Beeskow
In Beeskow and the Oder-Spree district, guardianships are ordered by the Frankfurt/Oder District Court. The guardianship court is responsible for determining whether guardianship is necessary and, if so, appointing a suitable guardian.
This could be:
A private individual – such as a family member or a friend
A volunteer caregiver from the social environment
A professional caregiver who performs this activity as their main occupation.
In Beeskow, there are both local guardianship associations and freelance guardians who work closely with authorities, doctors, and social service agencies. The guardianship association not only provides the guardianship itself, but also advises and supports volunteer guardians.
Self-determination and dignity despite – or precisely because of – care
The most common misconception I've encountered is that being cared for means I can no longer do anything myself.
That's not true.
I am still allowed to shop for myself, visit friends, and make everyday decisions. Guardianship only intervenes where I am legally or practically no longer capable of acting on my own behalf. And even then, my wishes prevail.
The new guardianship law explicitly strengthens this principle. Guardians are legally obligated to ascertain and respect the wishes of the person under their care – even if these wishes may appear subjective.
For me, that means: I am not an object of care. I am a person who receives support – and in doing so, I remain myself.
What remains: Dignity as a benchmark
Legal guardianship is not a simple issue. It touches upon fundamental questions of human life:
Who am I when I need help? Do I lose myself when others speak for me?
My answer as a legal guardian in Beeskow: No.
I've learned that dignity doesn't depend on whether I can do everything on my own. Dignity is shown in how I'm treated—and how I treat myself. When my caregiver asks me what I want before taking action, that's not a concession. That's respect.
Anyone who finds themselves or a relative in a similar situation should seek advice – from the guardianship authority in Beeskow, a guardianship association, or a social welfare office. Information and initial guidance are also available from the Federal Ministry of Justice and local advice centers in the Oder-Spree district.
Because one thing I have learned:
The hardest part isn't the care itself. The hardest part is taking the first step – and accepting help.
Frequently asked questions about legal guardianship in Beeskow
What is the difference between legal guardianship and legal incapacitation? Legal incapacitation has not existed in Germany since 1992. Legal guardianship does not, in principle, restrict a person's legal capacity. The guardian provides support in defined areas without patronizing the person.
Who orders legal guardianship in Beeskow and the surrounding area?
The Frankfurt/Oder District Court – more precisely, the guardianship court – is responsible for appointing legal guardians in the Oder-Spree district. It examines the necessity of guardianship in conjunction with the Beeskow guardianship authority and appoints a suitable guardian.
Can I choose my own legal guardian? Yes. The court will take into account the wishes of the person concerned regarding their legal guardian. Anyone who wishes to designate a trusted person in advance can do so with a power of attorney or an advance healthcare directive.
Can my legal guardian make decisions without my consent? Generally not. Legal guardians are legally obligated to ascertain and respect the will and wishes of the person they are caring for. Only in urgent exceptional cases – such as imminent danger – can a guardian act without prior consent.
How long does legal guardianship last? Guardianship is initially ordered for a maximum of seven years and then reviewed. If it is no longer necessary, it is revoked. The court regularly reviews whether guardianship is still required.
How much does legal guardianship cost? Professional guardians are paid according to the Guardianship and Care Remuneration Act (VBVG). This fee is based on the assets of the person under guardianship. Indigent individuals receive state support; for the person being cared for, the guardianship is free of charge.
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