Implementing Ordinance to the Introductory Act to the Civil Code on Compensation for Deputies (Deputy Compensation Ordinance, BEV) (Beistandsentschädigungsverordnung, BEV) - Scope (BEV)
Table of Provisions (7)
Statutory Text (7 Articles)
1. This regulation governs the compensation and reimbursement of expenses for
1. private guardians and custodians;
2. official guardians and custodians.
2. It establishes the compensation and reimbursement of expenses from both the assets of the person under care and in cases of their insolvency.
1. The Child and Adult Protection Authority generally determines the compensation and reimbursement of expenses for guardians and custodians upon accepting the account report.
2. Compensation and reimbursement of expenses are charged to
1. the managed assets of the person under care or any responsible third parties;
2. the canton if the person under care is without assets or if there are no responsible third parties. A person is considered without assets if they have a net worth of less than CHF 25,000.
3. In the case of final reports due to the death of the person under care, the compensation and reimbursement of expenses are charged to their estate, to the extent that it is sufficient.
1. The compensation and reimbursement of expenses for official guardians, who are compensated according to the personnel legislation, shall be charged to the state treasury.
2. In the case of the ward's lack of assets or in the absence of third parties obliged to provide support, the compensation and reimbursement of expenses for official guardians shall be omitted.
**1. The lump-sum compensation specifically covers the following services rendered by legal guardians under the federal and cantonal child and adult protection laws:**
1. Personal care;
2. Contacts with third parties, official agencies, care homes, schools, employers, doctors, therapists, and relatives;
3. Handling administrative matters such as specifically applications for scholarships, requests to social authorities, applying for insurance benefits, completing tax returns, and organizing the dissolution of a household.
**2. The lump-sum compensation does not cover the following special services provided by legal guardians:**
1. Personally clearing out or cleaning an apartment;
2. Extraordinary, intensive personal care (several times a week);
3. Selling real estate;
4. Handling formalities related to a death.
1. Guardians and legal representatives shall receive the following fixed compensation for a reporting period of two years for supervision, including accounting
1. Simple mandate with minimal supervision: CHF 300 to CHF 1,500
2. Standard mandate with personal supervision: CHF 1,500 to CHF 3,000
3. Complex mandate with time-consuming supervision: CHF 3,000 to CHF 6,000
2. For special services pursuant to § 4 paragraph 2, an additional CHF 30 per hour shall be compensated.
3. No allowances shall be granted.
1. Assistants have the right to reimbursement of expenses, such as postage, telephone, or travel costs, which
1. are directly related to the exercise of their office; and
2. are necessary for the performance of their duties.
2. Travel expenses are compensated with an annual flat rate of CHF 100 to CHF 300, depending on the effort. Higher travel expenses must be itemized.
3. For expenses such as postage, telephone, and similar items, an annual flat rate of generally CHF 200 may be claimed instead of a detailed account. Higher expenses must be itemized.
1. This regulation shall enter into force on 1 January 2013.