BGH Disabled people can also speak non-verbally

Communication problems of a disabled person are in the supervision process no reason to renounce the personal judicial hearing. Even if the person concerned can not comment on anything useful, the judge can still draw conclusions about the will of the person to be cared for by nonverbal signs, the Federal Supreme Court (BGH) ruled in a decision published on 27 October 2016 (Ref .: XII Eg 269/11).

Specifically, it was about a 26-year-old disabled person from the area of ​​Konstanz, who had suffered an early childhood brain disorder. He is paralyzed in the arms and legs and heavily speech and hearing impaired. In January 2009, the district court had appointed a professional advisor. The parents did not qualify as caregivers because of their divorce and the associated tensions.

(Image: Thomas Jansa / fotolia.com)

In January 2016, the district court had extended the care, but without listening to the 26-year-olds. Because of the "limited communication options" a gain in knowledge is not expected, the statement. The district court confirmed the decision. The person concerned is not in a position to free will, so that a hearing is unnecessary.

However, the father considered this unlawful and called the BGH.

He was right in his decision of 28 September 2016. In the extension of care, the judicial hearing is a must. Only if the person concerned is not in a position to express anything "or at any rate nothing in any way related to the matter" can the court hearing be waived. This is the case, for example, with unconscious people.

However, a hearing is not dispensable because the disabled person "can not express anything useful to the cause". This could also be a non-verbal ability to communicate in which the person concerned manifests his will. The judge could then at least draw conclusions from it. Here an agreement was also possible with technical aids in principle, so that the hearing should not have been waived, decided the BGH. fle / mwo