Facts

Parties:

  • [A.A.] (appellant) against the Child and Adult Protection Authority Mittelland Nord and [B.A.] (affected party).

Facts:

  • [A.A.] and [B.A.] are married and have three adult children. [B.A.] suffers from dementia and lives in a nursing home.
  • On March 26, 2020, [B.A.] signed a notarized power of attorney appointing [A.A.] as the first-ranking attorney-in-fact.
  • The Child and Adult Protection Authority (KESB) provisionally established a representation guardianship for [B.A.] in the area of housing on June 11, 2020, and refused to validate the power of attorney on December 16, 2020.
  • The Higher Court of the Canton of Bern dismissed the appeal of [A.A.] against this decision on June 30, 2021.
  • [A.A.] then filed an appeal with the Federal Supreme Court, aiming to overturn the decision of the Higher Court and the guardianship and to validate the power of attorney.

Considerations

The Federal Supreme Court first examines the admissibility of the appeal and finds that the requirements for an appeal in civil matters are met. It then addresses the substantive aspects of the appeal.

The lower court had denied the suitability of the appellant as an attorney-in-fact, as it was of the opinion that the appointment of the appellant would endanger the well-being of the affected party. The Federal Supreme Court examines whether this conclusion is arbitrary or contrary to federal law.

The appellant argues that he only wanted to take…