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Part 2 · General Provisions on the Administrative Procedure  ›  Chapter 1 · Principles of Procedure › Section 16

Appointment of a representative by the authority's own initiative

(1) Where no representative exists, the custodianship court, or, for a minor party, the family 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; 5. for ownerless things to which the procedure relates, for the safeguarding of the rights and duties arising in relation to the thing.
(2) For the appointment of the representative, in the cases of subsection (1), no. 4, the court in whose district the party has his or her habitual residence has jurisdiction; otherwise the court in whose district the requesting authority has its seat has jurisdiction.
(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 guardianship in the remaining cases.

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