Facts
The 1900-born [G.] was incapacitated by the District Council on the application of the guardianship authority based on Art. 369 of the Swiss Civil Code (ZGB) due to mental weakness. [G.] demanded a judicial assessment, whereupon the guardianship authority filed a lawsuit for incapacitation. The District Court and the High Court granted the lawsuit. With his appeal to the Federal Supreme Court, [G.] requested the reversal of the High Court's judgment, to refrain from incapacitation, and instead to order a participation and administrative advisory board pursuant to Art. 395 ZGB.Considerations
The Federal Supreme Court dismissed the appeal. It stated that in the present case, a restriction of legal capacity within the meaning of Art. 395 ZGB actually appears to be insufficient. [G.] has been suffering from a permanent, incurable mental weakness (a so-called "pseudologia phantastica") for years, which is likely to worsen with increasing age. Despite multiple prison sentences, he continued his deceptions in various areas, leading to financial distress and harm to third parties. An advisory board could not prevent these…