Facts
The appellant, [A.] , is a 1973-born, divorced father of two children, who receives a disability pension and supplementary benefits. He suffers from paranoid schizophrenia and is undergoing psychological treatment. The Child and Adult Protection Authority (KESB) of Bern established a combined guardianship on June 11, 2014, consisting of a supportive guardianship and a representative guardianship with income and asset management.
The appellant lodged a complaint against this decision with the High Court of the Canton of Bern and requested that only a supportive guardianship be established. The High Court dismissed the complaint. The appellant then filed a complaint in civil matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court partially upheld the complaint and overturned the decision of the High Court insofar as it concerned free legal aid. The case was referred back to the High Court to determine compensation for the cantonal appeal proceedings.
The Federal Supreme Court found that the lower court had to observe the principles of subsidiarity and proportionality when ordering the guardianship. The supportive guardianship is the mildest measure, which can only be established with the consent of the person in need of help. The representative guardianship can also be ordered against the will of the person in need of help if they are unable to handle certain matters themselves.
However, the Federal Supreme Court also found…