Facts
The Federal Court dealt with the appeal of [A.] and [B.] against the judgment of the Cantonal Court of Lucerne, which confirmed the non-validation of the advance directive of [C.] and the establishment of a representation guardianship for [C.] . [C.] (born in 1931) is the mother of [A.] (appellant), who is married to [B.] (appellant). In June 2018, [C.] had drawn up a publicly certified advance directive, in which she appointed [A.] as the advance directive agent and [B.] as the substitute agent. In October 2021, [C.] had to be hospitalized and has since been living in a nursing home. In August 2022, the Child and Adult Protection Authority (KESB) established a representation guardianship for [C.] and appointed [E.] as the guardian. Furthermore, the KESB refused to validate the advance directive of June 2018. The Cantonal Court of Lucerne dismissed the appeals of [A.] and [B.] against the decisions of the KESB. Thereupon, [A.] and [B.] filed a civil law appeal with the Federal Court.Considerations
The Federal Court concluded that the lower court was right not to validate the advance directive and not to appoint either of the appellants as the advance directive agent. The lower court has convincingly demonstrated that [A.] is not suitable to perform the tasks as the advance directive agent, as he…