Who owns the rollator after death?

What happens to a rollator after the death of a loved one? In this expert guide, we explain in an easy-to-understand way who owns the rollator, what you should look out for, and when it needs to be returned to the health insurance company.

The answer in brief:

Upon the death of a rollator user, the question of ownership arises: Was the rollator purchased or merely borrowed?

If it was purchased, it belongs to the estate and passes to the heirs. If it was a medical aid temporarily in the deceased's possession (e.g., provided by a health insurance company or through a loan agreement), it usually must be returned.

Heirs should therefore check which documents or stickers identify the owner and, if necessary, contact the health insurance company or the (online) medical supply store. This article explains the legal basis, practical tips for relatives, and a checklist for handling rollators after a death.

Inheritance Law Basics: Movable Property in the Estate

According to § 1922 BGB (German Civil Code), upon death, the entire assets of the deceased pass to the heirs as an "inheritance." If the rollator is the property of the deceased, it becomes part of the estate – the heirs assume all rights and obligations of the deceased upon the inheritance. Movable property such as furniture, jewelry, or a rollator generally passes to the heirs. However, if the deceased was only in possession of a rollator (not the owner), the heir also only becomes the possessor – they do not automatically acquire ownership.

Many Germans use a rollator in old age.
What happens to it after their death?

Heirs assume the legal position of the deceased. This means that any warranty claims or guarantees are retained and can be asserted by the heirs. Compulsory heirship claims, debts, and estate liabilities only restrict the heirs to the existing estate assets; their own assets remain unaffected. In practical terms: If the deceased rollator owner paid for the device themselves, it belongs to the inheritance and can be kept, sold, or donated by the heirs.

Rollator Purchase vs. Loan or Rental

Purchase (Privately Purchased)

If the rollator was purchased – either privately or with the involvement of the long-term care insurance – it is considered the property of the deceased. In this case, the rollator becomes part of the estate upon inheritance. The heirs can then freely decide what to do with it: use, sale, or gifting are legally permissible. Since the heir steps into the legal position of the deceased, they can also exercise existing warranty and guarantee claims against dealers or manufacturers. Insurance issues (e.g., in case of damage) are usually handled by the deceased's private liability or household insurance – heirs should check the insurance policies and inform the provider.

Loan (Health Insurance, Home Care Service)

The situation is different if the rollator was only borrowed. § 33 SGB V (German Social Code Book V) allows health insurance companies to provide medical aids (e.g., rollators, wheelchairs) on a loan basis. In practice, the health insurance company often covers the costs for the rollator and then lends it to the insured person. Ownership remains with the health insurance company or the medical supply store, not with the user. In rare cases, the health insurance company rents the device and subleases it to the insured person – in this case, the medical supply store remains the owner.

Important: Rollators are considered medical aids that are typically to be returned. The medical aid directory of health insurance companies explicitly lists rollators, and as a rule, statutory health insurance companies only provide them on a loan basis. If the insured person dies, the question of ownership does not change: If the rollator was borrowed, the heirs must return it to the cost bearer or medical supply store. In this case, heirs are liable with the estate – but there is no obligation to reimburse the cost bearer. According to supreme court rulings, an heir is not liable for benefits that were granted to them only on a loan basis. For borrowed medical aids, this means: No compensation from the estate, but rather return.

Home care services and private landlords: The same applies if a home care service or a rental service provided the rollator. These borrowed items must also be returned. Heirs should check contracts and terminate the loan agreement (see table below). Refusal can lead to claims for damages from the owner.

The specific regulation may vary in individual cases depending on the contract and health insurance company.

Health and Long-Term Care Insurance (Medical Aid Provision)

Rollators fall under Medical Aid Provision (§ 33 SGB V). A doctor's prescription is a prerequisite for cost coverage. The health insurance company then checks whether a rollator is necessary. Usually, they provide a standard model and cover the costs. For a more expensive model, additional payments or reimbursement with a personal contribution are often required. A care level is usually not needed for rollator provision.

Since 2017, the long-term care insurance (SGB XI) has been contributing fixed amounts to selected long-term care aids (e.g., care beds, under-bed lifts), but not specifically to rollators. Unlike care beds, for example, the rollator is a mobility device for daily life and is almost always regulated by health insurance (GKV).

After death: The entitlement to provision ends at the time of death. As BARMER recommends, the period of use then automatically ends. Nursing aids such as rollators "are usually provided on loan." Relatives should contact the original contractual partner (usually a medical supply store), which organizes collection and storage. The costs for return transport are generally covered by the health insurance company. Devices that are owned by the heirs, however, can be used or disposed of at their discretion.

Practical example: Our rollator experts often observe that stickers or declaration forms contain information about the owner. If the rollator is marked as a loan device (e.g., sticker "Property of the health insurance"), we recommend: Contact the health insurance company or the medical supply store immediately. If the notice is found later, the return must be made up for – otherwise, financial consequences for the heirs may arise.

Health insurance labels unfortunately do not come in a uniform format - sometimes they are completely missing.

Practical Tips for Relatives and Heirs

• Clarify ownership status: Review purchase receipts, medical prescriptions, or insurance documents. Check whether the rollator was purchased or borrowed in the deceased's name. If available, read the medical aid pass or delivery note.
• Look for clues: The rollator itself often has stickers indicating "Property" – for example, of the health insurance company or the medical supply store. Additionally, a declaration of commitment (signed by the previous owner) might provide clues. Document such clues to clarify future questions.
• Inform health insurance loan provider: If it is clear or suspected that the device is a loaned item, report the death immediately to the medical aid supplier. This could be a medical supply store, a home care service, or directly the health insurance company. In our experience, it is advisable to initiate the return by phone and arrange a collection appointment.
• Do not dispose of the rollator on your own: Avoid wrongful disposal or continued use before clarifying ownership and the obligation to return. Heirs are liable for loaned medical aids: If a loaned device is not returned in due time, the owner can claim damages.
• Certificate of inheritance and contracts: If necessary, arrange for a certificate of inheritance or estate distribution. Incidentally, terminate ongoing rental agreements (e.g., rollator rental) in due time – often a simple notification of death to the landlord is sufficient for this. Note that heirs are liable for estate debts only to the extent of the estate: they pay a maximum from the estate.
• Keep heirs informed: Ensure that all heirs are informed about the rollator. If a will exists, the executor or estate administrator clarifies how to deal with the items. Otherwise, the statutory order of succession applies.

 
 
Legal Pitfalls and Court Rulings

Heirs' Liability: Upon death, all rights and obligations pass to the heirs. This means: If you accidentally fail to return the rollator, legal claims may follow. According to consumer protection (Sanitätshaus Aktuell), heirs can expect claims for damages for borrowed medical aids. In practical terms: Never dispose of borrowed devices without permission.

Relevant case law: Explicit rulings on the topic of "medical aids in case of inheritance" are rare. The Federal Social Court ruled in 2020 that heirs are not liable for social assistance benefits granted as a loan. Applied to medical aids, this means: If the rollator is only borrowed (for example, from the health insurance company), heirs do not have to pay for it, but merely return it according to the contract.

Trouble with the health insurance company: In case of non-return, the health insurance company can demand damages according to § 683 BGB in conjunction with management without mandate, as the heir steps into the position of the deceased. Our rollator experts therefore advise: Before any disposal, thoroughly check whether the rollator was the property of the health insurance company or a provider.

Checklist for the Rollator in Case of Death

• Act immediately: Promptly contact the medical aid provider upon receiving the death notification. Some health insurance companies offer special hotlines for inheritance cases.
• Secure documentation: Store photos of medical aids (incl. serial number/sticker) as well as copies of contracts and the certificate of inheritance.
• Inform the estate administrator: If an executor has been appointed, include the rollator in the inventory of the estate.
• Seek advice: In case of uncertainty, lawyers specializing in inheritance law or social law can help. Our recommendation: Clarify early on who needs to return which medical aid.

Are you currently looking for a rollator? The Rollator Experts are Germany's specialized rollator retailer. We offer you a large selection of high-quality rollators, expert advice, and clever accessories.

Note: This article is for general information and does not constitute individual legal advice. Despite careful research, we cannot guarantee completeness or timeliness. For specific questions, we recommend contacting a specialist lawyer or the relevant health insurance company.

References

1. § 1922 BGB (Universal Succession)
2. § 33 SGB V (Medical Aid Provision), including Section 5 (Loan Provision)
3. BARMER: "When Relatives Have Passed Away" (Section on Nursing Aids): https://www.barmer.de/gesundheit-verstehen/psyche/trauer/wenn-angehoerige-sterben-1070880
4. Sanitätshaus Aktuell: "Who Owns 'My' Medical Aid?": https://www.sani-aktuell.de/magazin/hilfsmittel-recht/
5. Sanubi: "Medical Aid/Nursing Aid Return: Conditions & Process": https://sanubi.de/hilfsmittel/pflegehilfsmittel/rueckgabe/
6. reha raum: "What to Do with Insured Persons' Medical Aids... Return": https://reharaum.de/en/blogs/news/was-macht-man-mit-den-hilfsmitteln-der-versicherten-wie-und-wo-kann-ich-die-hilfsmittel-zuruckgeben
7. Perfekta Lift: "Rollator – the Daily Helper for More Mobility": https://www.perfekta-lift.de/rollator-die-wichtige-hilfe-im-alltag/
8. Federal Social Court (Decision of 11.09.2020, B 8 SO 3/19 R): https://www.bsg.bund.de/SharedDocs/Entscheidungen/DE/2020/2020_09_11_B_08_SO_03_19_R.html
9. MC Seniorenprodukte: "Who Owns the Electric Wheelchair After Death?" (Analogous Case): https://www.mc-seniorenprodukte.de/elektrorollstuehle-rollstuehle-elektrisch/ratgeber/wem-gehoert-der-elektrorollstuhl-nach-dem-tod
10. BauExpertenForum: Thread on Warranty and Legal Succession (Practical Discussion): https://www.bauexpertenforum.de/threads/verfaellt-die-gewaehrleistung-mit-dem-tod-des-einzelunternehmers.47657/
11. Image source (Pixabay): https://pixabay.com/de/images/search/rollator/