(1) Where no representative exists, the court must, on request of the authority, appoint a suitable representative 1. for a party whose identity is unknown; 2. for an absent party whose whereabouts are unknown or who is prevented from managing his or her affairs; 3. for a party without residence in Germany, where the party has not complied, within the period set, with the authority's request to appoint a representative; 4. for a party who, as a result of a mental illness or a physical, mental or psychological disability, is not able to act personally in the administrative procedure.
(2) For the appointment of the representative, in the cases of subsection (1), no. 4, the custodianship court in whose district the party has his or her habitual residence has jurisdiction; otherwise the custodianship court in whose district the requesting authority has its seat has jurisdiction. Where the party is a minor, the family court takes the place of the custodianship court.
(3) The representative has a claim, against the legal entity of the authority that requested his or her appointment, to reasonable remuneration and to reimbursement of his or her cash expenses. The authority may demand reimbursement of its outlays from the person represented. It determines the remuneration and assesses the expenses and outlays.
(4) In other respects, the provisions on custodianship apply correspondingly to the appointment and the office of the representative in the cases of subsection (1), no. 4, and the provisions on other forms of pupillary care in the remaining cases.
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Part 1 · Administrative Procedure › Title 1 · Principles of Procedure › Section 15
Appointment of a representative by the authority's own initiative
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