Aspects of the discussion regarding the reform of the German legislation of Betreuung in light of the UN-CRPD

Abstract: the abolition of incapacitation and guardianship with the introduction of the Law of Betreuung in 1992 has already brought the right of self-determination of affected adults with impairments into focus. Through the CRPD and the participation of persons with disabilities, quality and implementation deficits in legal representation/Betreuung have been scientifically investigated. This has made it clear that the right of self-determination must be strengthened and must be expressed more clearly in the wording of the law. The article presents the current Law of Betreuung and the reform debate on it.


Keywords: self-determination; supported decision-making; legal representation; power of attorney; legal protection of adults; legal capacity.