Facts
The canton of St-Gall brought an action against the canton of Thurgovie before the FSCA, requesting that the canton of Thurgovie take over the guardianship of X., a person under guardianship, which was instituted by the protection authority of St-Gall. X. has been living in a care facility in T. TG since 2005 and left her previous domicile in S. SG. The canton of Thurgovie rejected the request, arguing that X. had no connection to the canton of Thurgovie.
The FSCA admitted the action and ordered the canton of Thurgovie to take over the guardianship of X. The FSCA considered that X. had freely chosen to live in the care facility in T. TG and that she had expressed her intention to stay permanently in this facility.
Considerations
The FSCA examined its competence to rule on the dispute, which concerns the competence of the guardianship authority in case of intercantonal conflict. The FSCA considered that the competence to rule on this dispute was attributed to it under Article 120 paragraph 1 letter b of the FSCA (LTF).
The FSCA then examined the facts of the case and considered that X. had freely chosen to live in the care facility in T. TG and that she had expressed her intention to stay permanently in this facility. The FSCA also considered that X. had broken all ties with her previous domicile in S. SG and that she had integrated into the local community in T. TG.
The FSCA applied Articles 23 and 26 of the…