Rights and obligations
The order of care, assignment and person of the supervisor is decided by order by a judge. By handing over a certificate (supervisor's card), the supervisor is appointed by the court. Basically, it should be said that the supervisor has to meet the wishes of the person being cared for. This refers to all aspects of life such as residence, leisure, vacation, selection of nursing home, asset management, etc.
However, the wishes may not be fulfilled if they run contrary to the well-being of the person to be cared for. The supervisor has the duty to discuss all important matters with the person in need of care. The caregiver is legally represented by his supervisor. However, the request of the assisted person must be taken into account as long as he is fit for business.
As mentioned in the category “Financial Aid”, there is a right to financial assistance and benefits in kind. There is a right of release and reduction of working hours (care and family care). You have a right of consultation with the care and health insurance companies. As a caregiver, you also have a right to rest in the form of 28 days of rest. During this time, a full-time nurse takes over the care (preventive care).
Furthermore, there is the housing and supervision contract act, which should help with the legal affairs of the accommodation of the persons in need of care. There is also the care charter which helps to strengthen the rights of those in need of care.
Questions and answers
What does the housing and care contract law include?
The residential and supervision contract act contains the following rights: Pre-contractual information must be available in an easily understandable language about benefits and payments. Contracts are concluded in writing, and in principle indefinitely. The agreed payment must be reasonable in amount. An increase in the fee requires justification and is only possible in certain cases. Entrepreneurs must offer an adaptation of the contract if the care or care needs change. The contract can only be terminated by the entrepreneur for good cause. For consumers, however, special notice options apply.
What is care time?
Nursing leave is a right to leave of up to six months without wage compensation. The entitlement can be asserted if a close relative with (expected) at least care level 1 is to be cared for at home. The notice period for a claim is ten working days. Upon request, the Federal Office for Family and Civil Society Affairs issues an interest-free loan to the person providing care. This legal entitlement to time off only applies to employees in a company with more than 15 employees (i.e. 16 employees or more). A company with 15 or less employees can offer the regulation voluntarily.
What is family care time?
Family care time is also a right to exemption. However, you must work at least 15 hours a week (or the weekly annual average). The maximum entitlement period is two years. Family care time is possible in a company with 26 employees or more. Here too, as with the care period, an interest-free loan can be applied for from the BAFzA. The notice period is eight weeks before the loan is taken up. A written agreement on the reduction and distribution of working time and the duration must be concluded between the employer and the employee. A company with 25 or fewer than 25 employees can offer the regulation voluntarily.
What is the Charter of care?
Care Charter is a catalog that describes and emphasizes the rights of people in need of care and care: this is to improve their living situation. Because, of course, people with help and care needs have the same rights as everyone else. The Charter summarizes how these rights should be implemented in everyday life. However, this charter is not a binding law.
Better reconciliation of family, care and work
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth informs in this brochure in detail about a better compatibility of family, care and occupation. Also included are legal regulations since 01.01.2015.
Federal Ministry for Family Affairs, Senior Citizens, Women and Youth - www.bmfsfj.de
In several Saxon cities legal counseling centers offer basically free legal advice for financially needy citizens.
Find personal advice, advice phones and online advice in your area
The Federal Ministry for family, senior citizens, women and youth is the arbiter of the country also for the business of senior citizens. On the Web page for many useful information also on the subject of rights and obligations.
In the area right of the site towards the maintenance of the Federal Ministry for family, senior citizens, women and youth find a lot of information on the legal situation in the care.
Find a specialist in your area.
The Web site sign dementia is a specialized platform on the subject of dementia by the Federal Ministry for family, seniors, women and health.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth offers a large collection of sample forms for the field of care.
On the website Wege-zur-Pflege.de you will find detailed information, as well as the individual 8 articles of the Charter.
The BIVA care protection society is committed to the rights of those in need of care. Besides lots of information you will find here also a hotline for legal advice in care and home.
On the Curendo website you will find online courses to the care of dependents. In this specific area dealing with the rights and duties of workers.
030 20179131 - Pflegetelefon des Bundesfamilienministeriums
Pflege-Telefon 030 20179131
SMS - Sächsisches Ministerium für Soziales und Verbraucherschutz
0228-90904844 Legal advice on care and home law BIVA
Telefonische Rechtsberatung 0228 90904844
Rechtsberatung Dresden Ortsamt Pieschen
Rechtsberatung Dresden Ortsamt Altstadt
Stadt Dresden Sozialamt
Dresdner Anwalt-Verein e.V.
Verbraucherzentrale Sachsen e.V. - Beratungszentrum Dresden