Der Betreuer als gesetzlicher Vertreter für eingeschränkt Selbstbestimmungsfähige

Guardianship or curatorship ordered in case of physical incapacity is done as a care-giving measure for those concerned, but is at the same time an intervention in their self-determination. The legal requirements for ordering such a guardianship do not, however, take this double function into consideration, and fail to make allowances for the degree to which the capacity for self-determination ought to be restricted. In this work, Karl August Prinz von Sachsen Gessaphe develops a diversified and flexible model for ordering a guardianship and for the reservation of consent, applying this in particular to the extent of the incapacity of self-determination required under the law.