Facts
The appointed guardian B. did not fulfill his duty to keep accounts and submit reports. Consequently, the Guardianship Authority issued him instructions for accounting and demanded a guardianship report. As B. did not comply with the request, the Guardianship Authority - in accordance with a previous threat - had the accounts prepared by a trust office at the guardian's expense.
B. filed a complaint against the order for substitute performance with the District Council of Diessenhofen, which however dismissed the complaint. The Government Council of the Canton of Thurgau, to whom B. had turned, accepted his submission as a supervisory complaint within the meaning of § 71 of the Administrative Justice Act and dismissed it by decision of April 21, 1987.
B. filed a constitutional complaint against this decision on the grounds of a violation of Art. 4 of the Federal Constitution (arbitrariness).
Considerations
The Federal Court states that according to Art. 420 para. 2 of the Swiss Civil Code, the guardian can also file a complaint if he is affected by orders of the Guardianship Authority. This serves not only to protect the ward's interests, but also to ensure the proper conduct of the guardianship, as the guardian can have the legality of the orders reviewed.
In the present case, the instructions of the Guardianship Authority regarding…