Resolution of the Standing Commission on the Compensation of Curators - Principle

1. The Child and Adult Protection Authority (KESB) generally grants compensation and reimbursement of expenses for guardians retroactively as a lump sum for the usual two-year reporting period. If the accounting period is shorter, this will be proportionately considered in the determination of the compensation and expenses.

2. The compensation for guardians should, over a period of two years, generally not exceed CHF 10,000, even in complex and demanding procedures or when special expertise is required.

1. The CPEA takes into account the time required to manage the guardianship, the complexity of executing the measures, and the associated responsibilities when determining compensation.

2. It particularly considers

a) the type of guardianship and the assigned areas of responsibility;

b) the personal circumstances of the person under guardianship;

c) the amount of assets and income to be managed, as well as the complexity of the financial circumstances;

d) the administrative effort involved;

e) the need for legal clarification;

f) the necessity of involving third parties.

1. If special expertise is required for the management of a guardianship, the guardian may be permitted, provided they have the corresponding professional qualifications, to charge for their efforts in this regard by means of a detailed invoice according to the lower fee rates of their professional association.

2. Tasks requiring special expertise include, for example, the management of a complex estate or conducting litigation.

1. The same approaches and criteria apply to professional guardians as to private guardians. However, the compensation for professional guardians is not paid to them, but is owed to the employer.

1. The canton shall bear the compensation and reimbursement of expenses to the extent that the directly affected person does not possess or cannot obtain the necessary means (anyone who deliberately disposes of assets or refrains from asserting claims in order to transfer the costs to the canton shall not be rewarded). The affected person must disclose their income and financial circumstances and comment on the evidence related to this matter.

1. Compensation and reimbursement of expenses shall be governed by the law in force until December 31, 2012, for activities conducted up to that date, and by the new law and this professional committee resolution for activities conducted thereafter.

1. This resolution takes effect immediately.