Facts
The present case concerned the imposition of a representative guardianship for the appellant X. by the Child and Adult Protection Authority (KESB) of Thun. The KESB had revoked the previous guardianship and instead ordered a representative guardianship with income and asset management under Art. 394 in conjunction with Art. 395 of the Swiss Civil Code (ZGB). X. and the director of the residential community in which X. lives filed a complaint against this order.
The Federal Supreme Court revoked the ordered representative guardianship. It concluded that the requirements for such a far-reaching measure were not met, as X. is himself able to organize and avail of the necessary support.
Considerations
The Federal Supreme Court stated that according to the principles of subsidiarity and proportionality in adult protection law, an official measure may only be ordered if the care of the person in need of assistance cannot be adequately ensured in any other way. The adult protection authority must take "tailor-made measures", i.e. those that correspond to the needs of the person concerned.
In the present case, the Federal Supreme Court concluded that the protection needs of the appellant X. can already be met by milder measures under Art. 392 No. 1 ZGB. For example, the KESB could oblige G. AG and B. to inform X. about upcoming contract changes that involve price increases…