(New) Challenges in Guardianship Law

theme No.: 9b
responsible federal state: Saarland
date: 05.03.2023 - 10.03.2023

The congress is aimed at guardianship court judges.
The shift in legal reality has, in part, resulted in some serious implications for the work carried out by guardianship court judges.
For instance, the Covid-19 pandemic has also brought about changes in the tasks performed by judges overseeing guardianship cases. How can the balancing act be successfully managed between the need for a fair hearing and extensive infection protection measures, where applicable with technical support?
The decisions rendered by the Federal Constitutional Court and the Federal Supreme Court of Justice notably influence the development of guardianship law. By way of example, the adjudications of the Federal Supreme Court of Justice with regard to health and welfare powers of attorney and living wills have led to significant changes in the day-to-day workings of the guardianship courts.
This applies in equal measure to the decision of the Federal Constitutional Court on 5-point and 7-point restraints. It is also conceivable that the decision of the Federal Constitutional Court concerning triage, depending on the manner in which it is formulated by legislation, will be an issue that will need addressing by guardianship court judges. In principle, it also stands to reason that guardianship law will be dominated by additional decisions handed down by the supreme court by the time this congress is held.
The 2023 guardianship law reform presents guardianship court judges with considerable challenges as well. The same is true regarding the shift in legal reality in the age of digitalisation, advancing medical developments and electronic legal relations.
Guided by interdisciplinary keynote speeches held by representatives from the field of both legal and medical practice, the purpose of the congress is to provide a forum in which these issues can be investigated and – ideally – where solutions can be developed for real-life applications. In doing so, attention shall also be given to the issue of the participants’ own understanding and perception of their profession, including in consideration of ethical aspects.
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