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Faculty of LawEuropäisches Zentrum für Freie Berufe

Professional Custodians as a Liberal Profession

The legal advisor for people with dementia in Germany in the context of European law as an example for the future organization of the professional field of independent custodians (§ 1896 ff. BGB)

The central core of the project is the identification of different areas of tension that professional custodions have to deal with on a national and European level. Therefore one connects the following research dimensions:

  • The extent of impact of the European Union and its efforts concerning liberalisation and deregulation on liberal professions.
  • The analysis of the development of national law in the field of professional custodions and its practical implementation. Also, the national discussion about costs and its reduction are reflected by the law.
  • The characterisation and definition of “good care” and the assurance that people who are cared for by a professional custodian are treated respectfully, that the care is in their best interest and that their right to self-determination is not undermined. The focus lies on people with dementia.
  • The presentation of the debate about quality assurance (respectively the necessary competence with particular attention to capacity for empathy) in this area and the connected answer to the question on how much regulation is necessary. There is also a debate about professionalisation of this area.

The question that follows is which areas of tension are relevant for the research dimensions. The answer of this question shall help to answer the whole research question: How do the areas of tension in which the professional custodians work influence the future organisation of their professional field and how will their profession develop in the future? To find an answer to this question, one needs to interiew professional custodians in a qualitative and problem-concerned manner and interview experts with help of the Delphi-method.

Duration of the project:

The project started in June 2013 and shall be completed at the end of June 2015. The qualitative interviews start in November 2014, after that there will be a survey among experts.