Is the job as a professional caregiver not a classic professional job?

Posted on by Estella Valdez


Is the job as a professional caregiver not a classic professional job? The job as a professional legal guardian is not a classic training profession and does not necessarily require a degree - even though around 80 percent of professional guardians have an academic background. Most professional legal guardians come from the following occupational groups:

Why are you liable as a professional guardian? As a professional caregiver, you make big decisions and are also liable for these decisions - for example, when it comes to the assets or health of your clients. That's why general liability insurance and property damage liability insurance are important.

What is the inverse for professional caregivers? Reverse conclusion: If you want to become a professional caregiver, you first have to work on a voluntary basis. To cover the costs of working materials, further training, insurance, etc., you need to provide about 40 to 50 care services. And even then, the financial framework is still not ample.

What is a professional guardian and what are their responsibilities?

What is a professional guardian and what are his or her duties? A professional guardian is someone who exercises legal guardianship in the Federal Republic of Germany within the framework of a remunerated trade. Many people exercise the office of a professional guardian on a full-time basis.

What is the role of the caregiver? The task of the guardian is to act as legal representative for the person under guardianship to the extent specified. In this respect, the welfare of the person concerned and his or her ideas and wishes are always in the foreground.

Is the caregiver required to file a liability?

The supervisor, for his part, is obligated to communicate all circumstances that are important for the management of supervision. Liability does not arise if the supervisor can prove that he/she has fulfilled his/her duty of supervision or that the damage would have occurred even if the supervision had been sufficient.

How is there no liability if the guardian is legally incompetent? Liability does not apply if the legally competent person under guardianship approves the contract or if the contracting party knew that the guardian was acting outside his or her mandate. If the person being cared for is legally incapable, a guardian can be appointed to approve the contract. How can the risk of personal liability be mitigated?

How is the caregiver liable for damages?

The caregiver is liable to the cared-for person for damages if he culpably violates his caregiver duties (§ 1833 BGB in conjunction with § 1908i BGB). The caregiver is subject to liability for any fault, i.e. intent or gross negligence and simple negligence.

What is the liability of the guardian to the caregiver?

Liability of the caregiver to the person being cared for. The guardian is liable for damages if he culpably violates his guardianship duties, § 1833 BGB i. V. m. § 1908 i BGB. The legal basis for this liability is the special legal obligation under family law between the person being cared for and the caregiver.

What does a caregiver liability mean?

Liability of the guardian - financial losses - liability of the guardian or authorized representative for damages. According to the case law of the Federal Court of Justice (BGH), in the case of a sale of real estate intended by the guardian, this means that the guardian has to check himself and responsibly whether the sale is appropriate, i.e. whether e.g.

Is the caregiver obligated to pay damages?

The caregiver may be liable to pay damages if the cared-for person intentionally or negligently causes unlawful injury to the life, body, health, freedom, property or other right of a third party. However, the caregiver is only liable for compensation if he or she has not fulfilled his or her duty of supervision.

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