Facts

The case concerns Roger Brandt, a man born in 1909, who was declared incapable in 1937 due to his abnormal behavior and psychopathy. He was placed under guardianship and worked in different institutions. In 1951, he requested the annulment of his guardianship, but his request was rejected. In 1952, he submitted a new request and was examined by a psychiatrist, who concluded that he was not mentally ill, but suffered from a congenital character anomaly. The court decided to replace the guardianship with a legal counsel.

The key facts of the case are as follows

  • Roger Brandt was declared incapable in 1937 due to his psychopathy.
  • He was placed under guardianship and worked in different institutions.
  • In 1951, he requested the annulment of his guardianship, but his request was rejected.
  • In 1952, he submitted a new request and was examined by a psychiatrist.
  • The psychiatrist concluded that he was not mentally ill, but suffered from a congenital character anomaly.
  • The court decided to replace the guardianship with a legal counsel.

Considerations

The Federal Tribunal examined the decision of the cantonal court and concluded that the guardianship had to be replaced with a legal counsel. The Tribunal considered that Roger Brandt's congenital character anomaly no longer justified the guardianship, but he still needed a legal counsel to manage his affairs.

The Tribunal also considered that the decision of the cantonal court was incorrect, as it had concluded that the psychiatrist had not provided sufficient information to justify the replacement of the…