This article deals with the purchase for consideration by the legal guardian. It does not decide your capacity to act nor whether you can act yourself in the specific case. This preliminary classification belongs to personal advice and is not replaced by the designation “Betreuung”.
Begin with your actual wish to live in or to acquire the property
§1821 BGB emphasises support with one’s own legal affairs and the necessary exercise of the power of representation. It also regulates the observance of your wishes within the legal limits. [WUNSCH] The property is therefore not selected solely according to the practical organisational preference of an accompanying person.
Our editorial recommendation: Describe what you want to achieve with the purchase. What use is planned, which ongoing tasks do you already understand and where do you need support? Prepare open questions in a way that is understandable to you. The other participants should be able to follow your decision without removing you from the conversation.
Assign the actual mandate to represent
§1823 BGB limits the power of representation to the scope of the task. [AUFGABE] Therefore have it checked before the specific declaration whether the intended purchase representation is covered by the evidenced scope. Scheduling appointments, inspecting a property and concluding a binding contract are not equated solely because the same contact person is involved.
Also name a planned financing and the additional transactions envisaged for it. The specialist review should explain which declarations and prerequisites are required in each case. This article does not derive a blanket authority for any loan or encumbrance on the property from an established acquisition representation.
Treat the court approval as a separate procedure
Under § 1850 number 6 BGB the guardian requires the approval of the guardianship court for the legal transaction by which the person under guardianship is obliged to the purchase for consideration of land or a corresponding right. [ERWERB] A kindly confirmed intention to buy or sufficient funds are not such an approval.
Have the actual process coordinated with the notary and guardian. Which version should be assessed, which documents are required and how will the acquisition wish remain traceable within them? A later amendment to the transaction will not be tacitly treated as covered by the previously reviewed position. This article does not promise any particular court decision date.
Also pursue the effective notification
§1855 provides that the guardianship court can only declare the approval to the guardian. For the subsequent approval case § 1856 paragraph 1 links the effect vis-à-vis the other party to the notification of the decision having come into force by the guardian. [ERKLAERUNG] [RUECKLAUF]
Therefore document not only “the resolution exists somewhere”. Have the responsible bodies confirm which decision exists in which effective form and how the required notification is to be made. The guide does not draft this notification nor a legally significant request for approval. An incoming document does not itself constitute an authorisation for payment.
Hypothetical case: The file is complete, the return communication not yet
A buyer has selected her desired flat with assistance. Her guardian represents her in the coordinated purchase process. After receipt of a court document payment is to be prepared already. In the joint overview it is, however, only noted that a letter has arrived.
The participants have the actual decision status and the necessary notification checked and assign it to the same contract version. Payment and further handling then follow the professionally confirmed status. The case does not assume approval. It demonstrates why one’s own wishes, representation and an effectively completed approval process must be documented together.