Facts
On February 28, 2013, the situation of spouses A. (1929) and B. (1933) was reported to the Adult and Child Protection Tribunal of the Canton of Geneva by a social worker. A general curatorship measure was requested for A., who wished to join a medical-social institution with his wife.
According to a medical certificate, A. was incapable of managing his administrative and financial affairs due to an emerging cognitive disorder. On March 7, 2013, the Tribunal appointed Ms. D. as A.'s curator to represent him in this procedure.
By order of April 11, 2013, the Tribunal established a "curatorship of representation with management" in favor of A. and appointed Mr. E., a lawyer, as curator. A. appealed against this decision, concluding that it should be Ms. D. who is appointed.
Considerations
The Federal Tribunal upheld A.'s appeal against the decision of the Supervisory Chamber of the Court of Justice of the Canton of Geneva, which had dismissed his appeal.
According to the Federal Tribunal, when the person concerned proposes a person as curator, the adult protection authority must comply with their wish, provided that the proposed person meets the required conditions and accepts the curatorship. The principle of the person's autonomy is at the heart of this provision.
The Federal Tribunal considered that, insofar as A. had been able to establish a relationship of trust with Ms. D. during the procedure, there…