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Competent German courts

Among the more than 650 guardianship courts in Germany, pursuant to section 6 PACIA only 23 have jurisdiction for proceedings under the Hague Protection of Adults Convention (namely each guardianship court in the district of which a Court of Appeal has its seat; for Baden-Württemberg with its two Courts of Appeal, the Guardianship Court Karlsruhe only). This applies to the following proceedings:

  • proceedings pursuant to Article 23 of the Convention for determining the recognition or non-recognition of a measure taken in another Contracting State of the Hague Protection of Adults Convention,
  • proceedings pursuant to Article 25 of the Convention for declaring a measure taken in another Contracting State of the Hague Protection of Adults Convention to be enforceable or for its registration for enforcement, and
  • the consultation procedure pursuant to Article 33 of the Convention aiming at the placement of an adult currently living in another State, in an establishment or other place where protection can be provided in Germany by a judicial or administrative authority of another Contracting State.

Local jurisdiction for these proceedings lies with the adult guardianship court in the district of which the person concerned is habitually resident at the time the application is filed. If the person concerned is not habitually resident in Germany or if such residency cannot be determined, the adult guardianship court in the district of which the need for care arises shall have jurisdiction. E.g., in case of temporary presence of the person concerned this would be the place where the person is actually present. If the proceedings are concerned with the protection of a person’s property rather than protection of the person him- or herself, local jurisdiction will be determined by the place where the property is located in Germany. If local jurisdiction of a German court cannot be established according to these principles, the Adult Guardianship Court Berlin-Schöneberg shall have jurisdiction. If a person shall be placed in Germany in the future, the place of the intended placement will determine local jurisdiction.

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