The Higher Regional Court of Munich (OLG, Az. 1 U 454/17, judgement of 21.12.2017) sentenced a family doctor to pay 40,000 € – inherited – compensation for pain and suffering for immaterial damages to the heir. The deceased had been artificially fed, among other things by a PEG probe, and kept alive for about 21 […]
Artikel zum Thema: Berufsbetreuer
Permits for guardianship of minors, care and administration of the estate
Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]
Deposit protection at banks and insurance companies – a bankruptcy protection?
securing devices are to be found there, where there are threats to security. State supervision is also a sign of mistrust, not trust, the authors argue, asking who would feel safer there, where it is transported with a mine-proof armoured vehicle or In einem …with a nato-wire fence and an office secured by heavily-armed men? […]
Typical gaps in protection in the financial loss liability insurance of the guardian
CONTENTS I. Liability in the event of delegation of tasks II. Particular gaps in cover for voluntary guardians III Further questions regarding adequate insurance cover arise for the professional guardian: Consequences of partnership, cooperation and office sharing No pecuniary loss insurance for lawyers and tax advisors in the case of commercial activity as guardian […]
precautionary tips
In order for the will of a seriously ill patient, who may be incapable of making decisions, to be implemented in the way he or she wishes, the person needs fellow human beings at his or her side. The Munich lawyer and provision specialist Dr. Johannes Fiala gives practical advice on living wills, health care […]
Renzension: Authorizations for care and guardianship
Johannes Fiala, Peter Stenger (eds.): Authorisations in the case of care and guardianship Johannes Fiala, Peter Stenger (eds.): Genehmigungen bei Betreuung und Vormundschaft. A guide with numerous case studies. Bundesanzeiger Verlagsgesellschaft (Cologne) 2005. 152 pages. ISBN 3-89817-279-1. 19.90 EUR. with CD-ROM. The editors and other authors Johannes Fiala is a lawyer, banker and business economist […]
contingency planning
Providing for emergencies is a subject that is not so easy to deal with. Creating capital reserves is probably the simplest option. But what happens when a person finds himself in a helpless situation in which he can no longer act or decide on his own? Advance directives are legal and medical arrangements that you […]
precautionary tips
No matter what kind of helpless situation it is, in order for the will to be carried out one day in the way you want it to be, man needs fellow human beings by his side. Later, the affected person is often unable to assert himself or can do so only with difficulty. Since medical […]
Practical advice for living wills, health care proxy, care proxy
No matter what kind of helpless situation it is, in order for the will to be carried out one day in the way you want it to be, man needs fellow human beings by his side. Later, the affected person is often unable to assert himself or can do so only with difficulty. Since […]
Prohibition of remuneration and activity in the case of a lawyer’s second profession, in particular professional guardianship
In the practice of the guardianship, insolvency, execution and probate courts, a professional lawyer is often selected and appointed by the court, especially in more difficult cases as guardian, insolvency administrator, sequestrator or guardian of the estate (second professional). The aim of the court is thus to appoint a person who is suitable and not […]
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