Facts
The case concerns a man, C., who was diagnosed with severe pulmonary tuberculosis in 1954. After a period of treatment, he was declared clinically cured in 1956. However, he did not work much afterwards and had to be publicly supported with his family. The authorities then decided to have him examined by a psychiatrist, who diagnosed a hysterical neurosis and recommended his incapacitation due to mental weakness. The Vormundschaftsbehörde then appointed a guardian to assist and convince him to find work. The cantonal authorities confirmed this decision, but the Federal Court annulled this measure.
The parties involved are C., the Vormundschaftsbehörde, the cantonal authorities and the Federal Court. The key dates are 1954, 1956, 1958 and 1959. The main issue is whether guardianship can be used to assist a person in their personal affairs and to prevent them from using their resources in an unreasonable manner.
Considerations
The Federal Court examined the decision of the cantonal authorities and concluded that the guardianship provided for in Article 393, Chapter 2, of the Swiss CC cannot be used to assist a person in their personal affairs and to prevent them from using their resources in an unreasonable manner. Guardianship is solely intended for the management of assets and cannot be used for personal care.
The Federal Court also emphasized that guardianship cannot be used to prevent a person from using their resources in an unreasonable manner, as this falls within the competence of the guardian. Guardianship also cannot be used to manage a person's income, as this falls within the competence…