Coming of age at 18: what changes legally

Legal status: 08.10.2026 (federal law, checked against the statutory text). Which body is responsible in your case depends on the individual case and in part on the federal state. Legal terms are translated here for understanding; the German wording of the law is what counts.

What changes legally at 18

At 18 you are legally an adult. ^[1] Parental representation under section 1629 BGB concerns the child, that is, the time of minority. ^[2] For adults, the law names as ways of having affairs managed by others an authorised representative (holder of a power of attorney) or a guardian appointed by the guardianship court. ^[3]

Legal guardianship: when it is possible

A court (the guardianship court) appoints a guardian for an adult if they cannot manage their affairs legally, in whole or in part, and this is due to an illness or disability. ^[3] The following applies:

• Never against free will. A guardian may not be appointed against the free will of the adult. ^[3]
• Only if necessary. A guardian may only be appointed if this is necessary. ^[3]
• On application or of the court’s own motion. The appointment is made on the adult’s application or of the court’s own motion. If the adult cannot manage their affairs only because of a physical illness or disability, a guardian may only be appointed on their application, unless they cannot express their will. ^[3]

According to the statutory text, autism alone is no reason for guardianship. What matters is whether someone cannot manage their affairs legally and whether guardianship is necessary. ^[3]

Planning ahead: guardianship for 17-year-olds

A guardian can also be appointed for a minor who has completed the 17th year of life if it is to be assumed that guardianship will be necessary when they come of age. The appointment then takes effect only on coming of age. ^[3] This can bridge the time around the 18th birthday. Whether this comes into question for you, discuss with an advice centre or the guardianship court.

Alternatives to guardianship

According to the law, the appointment of a guardian is in particular not necessary as far as the affairs ^[3]

1. can be managed equally well by an authorised representative (with restrictions for certain people named in the law in section 1816 para. 6 BGB) or
2. can be dealt with by other help in which no legal representative is appointed, in particular by support based on social rights or other provisions.

Guardianship is therefore not necessary if a power of attorney or other help meets the need equally well. How to draw up a power of attorney in a legally secure way is explained by advice centres. An overview of support benefits: Understanding the support system.

What else you should know

• Find out early, ideally one to two years before the 18th birthday. The article Finding advice shows where independent advice is possible.
• Check benefits and responsibilities in good time. What changes in benefits in the transition to adulthood is explained by advice centres; for integration assistance see Integration assistance under section 35a SGB VIII.
• Not covered: capacity to consent in the individual case, tasks and duties of a guardian, reservation of consent, procedure before the guardianship court and costs.

Sources and literature

1. § 2 BGB – Eintritt der Volljährigkeit (www.gesetze-im-internet.de/bgb/__2.html). – Statute (German federal law, in German)
2. § 1629 BGB – Vertretung des Kindes (www.gesetze-im-internet.de/bgb/__1629.html). – Statute (German federal law, in German)
3. § 1814 BGB – Voraussetzungen der rechtlichen Betreuung (www.gesetze-im-internet.de/bgb/__1814.html). – Statute (German federal law, in German)