Facts
The unmarried X., born in 1904, was admitted to the Burghölzli psychiatric clinic in 1952 due to mental illness. Subsequently, she was placed in various homes by the cantonal family care service and finally with a family in Höri. In 1966, the Pfäffikon guardianship authority initiated incapacitation proceedings against X., as she was permanently residing in a care facility. However, the Höri guardianship authority declined jurisdiction over the proceedings, prompting the Pfäffikon authority to file a complaint.
Considerations
The Federal Court decided that the placement of a person requiring care with a family can establish a change of residence, provided that the guardianship authority has consented to the relocation, the placement is intended to be permanent, and it does not conflict with the person's interests. These principles also apply to persons who are not under guardianship.
In the present case, X. had been living with…