TN 6 (09-97)

GN 00505.017 Legal Guardian in Germany

There are three types of court appointment of guardians in Germany; i.e., the Beistand , the Pfleger and the Vormund . The Beistand is appointed for children only, while the Pfleger and the Vormund are appointed for adults. Identifying which type of appointment is involved is material for determining when additional evidence of incompetence is required. All translations of court appointment of guardians in Germany must show the type of guardian appointed. Since no evidence of incompetence is required when appointing a representative payee for a child, no further development is necessary when a Beistand is appointed through the courts.

The Pfleger can be appointed with or without consent of the person involved. The certificate of guardianship does not indicate whether or not medical evidence of incompetence was obtained by the court before the Pfleger was appointed. Therefore, obtain an SSA-787 (Physician's or Medical Officer's Statement) as evidence of incompetence when a Pfleger is appointed as guardian.

The Vormund is appointed by the court only when medical evidence of incompetence has been submitted. Therefore, a certificate of guardianship showing appointment of a Vormund is sufficient proof of the beneficiary's incapability. No SSA-787 is required for these cases.