Facts
The present judgment concerns an appeal against a decision of the Administrative Court of the Canton of Zug confirming the placement of the appellant in an institution for assistance due to his state of serious destitution. The appellant contested the fact that the court had not ordered an independent expert assessment of his state of health, as required by Art. 397e para. 5 CC.Considerations
The Federal Court considers that the ground for placement due to a "serious state of abandonment" provided for in Art. 397a para. 1 CC refers to a state of destitution that is no longer reconcilable with human dignity. Although the cantonal court also noted risks of "increasing destitution", this element is only ancillary, the main diagnosis being that of mental illness.
Regarding the expert assessment, the Court notes that when the cantonal law provides for a single judicial instance, it must order an independent expert assessment, in accordance with Art. 397e para. 5 CC. However, in the present case, the court relied on an expert report drawn up in a previous procedure, which…