Dismissal of the appeal against the non-validation of a power of attorney

Facts

Parties: Appellant [A.A.] against respondent [B.A.] , Child and Adult Protection Authority of Basel-Stadt, [C.A.] , [D.A.] .

Subject: Validation of a power of attorney.

Facts:

[A.A.] (appellant) and [B.A.] (respondent) are sons of [D.A.] , who on June 29, 2020, created a power of attorney appointing [B.A.] as the attorney-in-fact and [A.A.] as the substitute attorney-in-fact. On October 13, 2020, a notarial power of attorney was executed, in which [D.A.] revoked all previous powers of attorney and appointed [A.A.] as the first and [B.A.] as the second attorney-in-fact. The Child and Adult Protection Authority of Basel-Stadt (Adult Protection Authority) declared the power of attorney of June 29, 2020 valid and the power of attorney of October 13, 2020 not legally valid. The appellant filed an appeal against this decision.

Considerations

The appellant alleges a violation of the right to be heard (Art. 29 para. 2 Cst.) and an arbitrary finding of facts or arbitrary assessment of evidence regarding the determination of the incapacity of the person concerned in October 2020. The Federal Supreme Court examines these allegations and concludes that the lower court did not violate the right to be heard and that the assessment of evidence is not…