Law area: General topics
Fees: € 41.00
I received the following letter on Thursday afternoon:
DISTRICT COURT xxx -GUARDIANSHIP COURT- (Baden-Württemberg)
Care for xxx (Name) or Incapacitation by xxx (Name)
Dear Mrs xxx,
due to the suggestion by the district office Lörrach the court
checked if a supervisor is to be appointed for you. He would be
authorized by the Court to exercise your legal matters, as far
as you yourself would no longer be to out-reaching capable.
When caregivers order, should such be necessary, you can even
The court will ask the care authority at the district office to
contact you and your family.
Here you can get answers on your questions which you probably
If you do not want that your family members get the opportunity
to react, please inform us.
The health department has been mandated to examine you and than
make a report (or certificate) about it. With this report the
court will determine if you need a legal supervisor.
The health department will inform you (Date of Excaminitation
with a letter)
Before deciding, the court heard you personally and the
situation will discuss with you.
Certified court clerk .....
I recently lodged a written objection for lack of parking places
of my neighbours at the building authorities (commune and
district office). In addition I had a conversation with two men
of the planning authority from the district office.
I then withdrew the opposition.
After rapid information attempt on Friday (also brief
conversation with the judge, who did not have the case file, but
remembered of quarreling concerning a building), it is
conceivable that my neighbours have delivered over the district
office this letter.
What should I do?
I have a studied in which I had to make some certificates in
Answer posted on 02/08/2009 14:08:00
Rechtsanwältin Yvonne Müller Dingelstädter Str. 57, 37308
I thank you for setting your question, which I would like to
answer as follows based on the facts described:
In any case, you should seek a dialogue with the competent judge
and explain the situation. Perhaps you were informed why the
district administration maintains a necessary support for you .
I assume that the facts can be elucidated in a personal
Anyway, you do not have to fear that a care (actual:
incapacitation) for you is placed against your will. Because
this must happen only in so far, to the extent and the so long
to supervising a care (actual: incapacitation) needs. This is to
measure the proportionality principle. Furthermore, you are
free also to regulate through a service available, who should in
case your own inability to perceive your personal, financial and
legal interests. This may be a related, known or friendly
person, also a care team.
However, as I mentioned, due to the situation you does not
expect that you need a service for incapacitation, you do not
even make it obligatory currently thoughts, but think about the
topic in the further time.
Therefore, I can only advise for the moment, to make an
appointment with the judge to talk about this case. For this I
wish you success. Should thereafter (or advance) still questions
arise, do not hesitate to contact me.
Until then, I wish you a nice Sunday, and remain
Yvonne Müller Lawyer
Evaluating the response from asker
I had phoned the judge. He stated that he is quite burdened in
time. I know that and this fact is also well known. Therefore,
no further call attempt with the judge. I have researched by
phone and personally. I also have mandated a lawyer. And I
discovered a very sneaky method that do not even know
professionals who have to do with my problem. I will contact
politicians to this topic. If this method is widely used, it is
certainly often abused. My Lawyer has acted someting. Because
this method can be abused, I will not describe them here.
Aktenzeichen: XVII 9635
Ihr Schreiben vom 28.7.2009, Eingang bei mir 30.07.2009, Meine gestrige Akteneinsicht
Sehr geehrte Damen und Herren,
aufgrund eines einzigen Dokuments, das vom Polizeirevier Weil am
Rhein am 9.7.2009 erstellt wurde, soll eventuell ein Betreuer
für mich bestellt werden ??????!!!!!!!!!!!!!!
Das Schreiben enthält falsche Aussagen.
Beispiel: Ich soll in polizeilichen Kreisen als psychisch krank
Ich war gestern persönlich auf dem Weiler Polizeirevier und habe
mich informiert. Ich habe dem Beamten den Polizeibericht
vorgelegt. Außer diesem konnte er nichts finden.
Heute habe ich nochmals angerufen und moniert, warum ich bei
solchen schwerwiegenden Aussagen nicht benachrichtigt werde,
wohl aber die Gemeinde Binzen.
Bitte holen Sie selbst bei der Polizei Auskunft über mich ein.
Falls Sie doch etwas bekommen sollten, würde ich es gerne
Weitere Falschaussagen von Frau Nachbarin-X sind m.E.
grundsätzlich beweisbar, mit mehr oder weniger großem Aufwand.
Gestern habe ich in dieser Angelegenheit Anwalt 1, Ort-x
eine Vollmacht erteilt. Meine Rechtsschutzversicherung deckt
diesen Fall nicht ab.
Seit Donnerstag bin ich entsetzt über die Informationen, die ich
nach und nach bekomme.
Mit freundlichem Gruß
P.S. Schreiben auch als E-Mail geschickt.
Attachment 2.5 Translation
Gertrud Moser ...Adress
- Guardianship Court -
Case number: 9635 XVII
Your letter dated 28/07/2009, receipt with me 30/07/2009 My yesterday's inspection of files
Dear Sir or Madam,
because of a single document that was created from the police
station Weil am Rhein on 9.7.2009, may be ordered for me a
supervisor ?????? !!!!!!!!!!!!!!
The letter contains false statements.
Example: I want to be known in police circles as mentally ill.
Yesterday I was personally on the police station and was kept
informed. I have presented the official police report. Besides
this, the actual Policeman could not find anything about me.
Today I called again and complained why I will not be notified
when such serious statements a written about me, but rather the
Please contact the police und inform yourself about me.
However, if you get a new information, I would like to know.
Other false statements by Mrs Nachbarin-X are principle
provable, with greater or lesser effort.
Yesterday I issued in this matter Lawyer Anwalt 1, ......
My legal expenses insurance does not cover this case.
Since Thursday I am horrified by the informations that I get
Against this payment obligation I raise opposition with the
2009 the police station Weil am Rhein created a misleading
and false police report commissioned by Nachbarin-X. According to the statemeants of the police, the police has just
taken her informations without further examination. However, the
police report gives the impression that the police has the same
opinion as Nachbarin-X.
Only this report with the forwarding letter initiated an
incapacitation procedure effected in the form of a sudden state
assault. My hints to the false statements and the proposal to
contact the police were ignored.
Without noting my objections, the incapacitation process was
continued, and I was forced to a psychiatric report. Against its
contents I complained also with no success. Also were denied
counter evidence to the psychiatric report.
Also, the Regional Court of Freiburg, has rejected evidence
to the false statements of Nachbarin-X under my complaint.
Before this process I have never had to do with a court or
with the prosecution. Meanwhile many unsuccessful methods have
emerged, although the police report was easy to refute.
That's not my fault.
Police, District Office Lörrach, Local court Lörrach,
Regional Court Freiburg, upper regioal court Karlsruhe,
Administrative Court Freiburg , the Committee on Petitions in
the state of Baden-Württemberg have denied evidence in my
According to the law files, there are proofs that i was not
properly represented by several lawyers.
Lawyer Anwältin 10 has failed to inform me of the possibility
of a written statement of defense. She had a written
documention from me where i listed the false statements. To each
false statement i wrote the truth or the correction.
In addition, she also had knowledge of the correspondence with
Anwalt 7. She interpreted his fraud against me as
The same also happens with Lawyer Anwalt 12. There are a lot of
evidences of his impropriety behaviour towards me.
Therefore lawyer Anwältin 10 and lawyer Anwalt 12 were unfit
to stand a trial, because they neglected basic legal activities
of lawyers for me.
The procedure at the district court must be repeated and finally
evidence be admitted in my favor.
The alleged limitation favour
Nachbarin-X may not have
occurred, because she has made new false and offensive vague
information about me over the years.
This has nothing to do with exaggerations, as it has the Judge
Dr. Puchinger determinded. The exaggerations include basic
statements that need to be checked. Then it can be proved that
for years family Nachbarn-X was striking, not me.
The judge has asked only a single unimportant question to the
defendant Nachbarin-X. She has answered incorrectly. This
would also result from the case files. For me, the suspicion
arose that the judge has not worked through the whole case files
For me there is no statute of limitations. Although a police
report must be deleted after about 1.5 years, I still have to
live with this support acts or incapacitation Act. That is not
The aim of of asset custody of judicial incapacitation
procedure is missed.
I had to take two credits.
The aim of health care is also missed. This legal case is a
huge burden for me and caused health damages.
I accuse the Amtsgericht Lörrach and the Landgericht
Freiburg, the aid to offenses of Nachbarin-X and Anwalt 7.
Instead indicate resulting offense in the documents of the
correspondence with Anwalt 7, I had to hand over this
correspondence to the opposite party.
Because I fought for two years unsuccessfully against
character assassination in the case files by
Nachbarin-X, my information website created
I recommend the Justice urgently to inform there, which serious
damages at citizens are caused from the German justice.
On this homepage are several proposals for public petitions to
improve the german incapacitation. These laws must be changed
because never a german citizen has to suffer over 7 years like
me, and this for easily refutes statements.
By publishing my case website
www.gerichtlichesbetreuungsverfahren.de i am showing the unfair
activities of my neighbours, the police, the district office
Loerrach, the civil courts, prosecutors and my lawyers.
Thus also my reputation is forever damaged. Online information
can not be erased.
From all existing case files that were caused by my
neighbour Nachbarin-X and her husband, it is clear, that all
evidences were denied in my favour.
I don't have a proof that Nachbarin-X is actually carer for
the mentally ills.
Her statements don't fit to a proper representative of this
She is not suitable for such a task. This fact is noticed
neither the District Office Lörrach nor the judiciary. A shame for a constitutional state.
The Justice thus acted multiple against fundamental and human
Therefore, I will contact the European Court with my special
The amount of the enforcement I donated the nonprofit
organization Plan International e.V. on 1 December 2015.
It is not possible for me,
to make further payments due Nachbarin-X.
That would be the continuation of the mental torture for over 7
years by Nachbarin-X, the police, the judiciary and my