Facts
The complainant [X.] was granted a guardianship without income and asset management at her own request on 25 November 2008. In the course of reviewing and approving the report of the guardian of 20 March 2013, the Child and Adult Protection Authority (KESB) of Oberaargau adapted the existing guardianship to the new statutory basis and ordered a representation guardianship with asset management on 22 April 2013.
[X.] filed a complaint against this decision, which was rejected by the High Court of the Canton of Bern. [X.] then appealed to the Federal Court and requested the annulment of the decision of the High Court and the decision of the KESB Oberaargau.
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that the complaint is generally admissible insofar as it is directed against the decision of the High Court. The complainant had participated in the proceedings before the lower court and was particularly affected by the contested decision.
The Federal Court rejected the complainant's objection that the lower court's judgment did not meet her constitutional right to a reasoned decision. The court found that the judgment met the requirements for a reasoned decision and that the complainant could not claim that the judgment was not sufficiently reasoned.
The Federal Court also examined the complainant's objection that her hearing by the KESB had not been conducted properly. However, the court found that the complainant had not raised this objection before the High Court and was therefore not entitled to raise it before the Federal Court.
The Federal Court also rejected the complainant's…