Die Reform des Betreuungsrechts aus psychiatrischer Sicht

Brieger, Peter; Menzel, Susanne und Bernd, Jesko (2022): Die Reform des Betreuungsrechts aus psychiatrischer Sicht. In: Recht & Psychiatrie, Bd. 40, Nr. 3: S. 139-145

Abstract

As a result of an interdisciplinary discussion process lasting several years, a reformed guardianship and care law will come into force in Germany on 01.01.2023. The main goals of the reform were to strengthen self-determination and autonomy of people in need of support and to implement the access obligation from Article 12 (3) of the UN Convention on the Rights of Persons with Disabilities (UN CRPD). The amendment is associated with a large number of changes in various areas of the law, which will be presented in the following article from a psychiatric perspective. In addition to various formal changes (the >> great paragraph migration <<), there are also fundamental changes in content. For example, in the new sec. 1814 BGB, the emphasis is on support for the person (affected by illness or disability), as opposed to the emphasis on the illness-related deficits in the previous 1896 BGB. A significant innovation here is the abandonment of the paternalistically connoted concept of >> for the benefit << of the person concerned in favour of a focus on the natural will of the person being cared for and their wishes. The principle of necessity is also taken into account by more precisely explaining the areas of responsibility for a guardian and better dovetailing with social law. Substantial changes concern the position of guardians, from a mandatory >> get-to-know-you << meeting with their clients before they take over the guardianship, to regular reports on the personal circumstances of their clients and new requirements for the qualifications of guardians. All in all, positive approaches towards modern psychiatric concepts can be seen in this law.

• Dokumententyp: Zeitschriftenartikel
• Fakultät: Medizin
• Themengebiete: 600 Technik, Medizin, angewandte Wissenschaften > 610 Medizin und Gesundheit
• ISSN: 0724-2247
• Sprache: Deutsch