Facts
The appellant, [A.] , appealed to the Federal Court against the judgment of the High Court of the Canton of Zurich of 11 May 2015. This judgment had dismissed her appeal against the order of a representative guardianship for her mother, [B.] , by the Child and Adult Protection Authority of the District of Dielsdorf (KESB). The KESB had ordered the guardianship to represent [B.] in legal matters, in particular in the division of property and inheritance in the estate of her deceased husband.
The appellant argued that her mother was not in a position to assert her interests herself and that the order of a more comprehensive guardianship was necessary. She requested that the KESB order a more comprehensive guardianship and appoint an official guardian.
The Federal Court had to examine whether the appellant was entitled to appeal in civil matters and whether the lower court had incorrectly applied federal law or violated the Constitution.
Considerations
The Federal Court first examined whether the appellant was entitled to appeal in civil matters. It found that the appellant, as the daughter of the person concerned, had a legitimate interest in the appeal insofar as it concerned the order of a more comprehensive guardianship for her mother.
However, the Court pointed out that the appellant was not entitled to defend herself against the appointment of the professional guardian, as she had no legitimate interest in this regard.
The Federal Court then examined whether the lower court had incorrectly applied federal law or violated the Constitution. It found that…