Facts

Parties:

  • Appellant: [B.A.] , represented by attorney Dominique Schurtenberger
  • Respondent: Child and Adult Protection Authority Mittelland Nord, [A.A.]

Subject: Power of attorney (suitability of the appointed person), representation guardianship, appeal against the decision of the Bern Canton Supreme Court, Child and Adult Protection Court, of 17 September 2020 (KES 20 406).

Facts:

  • On 30 March 2017, the Child and Adult Protection Authority Mittelland Nord (KESB) opened an adult protection procedure concerning [A.A.] (born 1934) based on a risk report from her daughter [C.A.] .

  • On 9 June 2017, [A.A.] established a power of attorney, appointing her daughter [B.A.] as the proxy for personal and financial care as well as legal transactions.

  • By decision of 28 August 2017, the KESB waived the arrangement of adult protection measures, considering the support needs of [A.A.] to be covered.

  • On 4 April 2019, [C.A.] filed another risk report with the KESB, which then opened a new procedure and commissioned the Regional Social Services [U.] to investigate the facts.

  • By decision of 8 April 2020, the KESB found that the power of attorney notarized on 9 June 2017 had not been validly established and ordered a representation guardianship with income and asset management for [A.A.] . [G.] of the Regional Social Services [U.] was appointed as the guardian.

  • [B.A.] appealed this decision to the Child and Adult Protection Court of the Bern Canton Supreme Court, which was dismissed by decision of 17 September 2020.

  • With an appeal filed on 21 October 2020, [B.A.] (appellant) turned to the Federal Supreme Court and requested the annulment of the decision of the Supreme Court.

Considerations

The Federal Supreme Court first examines the admissibility of the appeal and finds that it was filed in time and sufficiently substantiated. The appellant is affected in her own interests and is entitled to file the appeal.

The Federal Supreme Court bases its judgment on the facts established by the lower court and…