The goal of the new guardianship law in Germany, in effect since 1992,
is to enable the mentally ill to lead as independent a life as possib
le and as long as possible without any legal action. However, a compar
ison of 81 (1991) cases decided under the old law and 82 (1992) decide
d under the revised law as part of a psychiatric liaison service at a
large general hospital showed that in practice the benefits for one of
the main groups affected, elderly patients with dementia, might be re
latively small, There are two reasons for this: the legal decision abo
ut incompetency has become more complicated and the social circumstanc
es of the individuals affected can be changed very little by the law.