Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - Subject (TARIFKESR)

7 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden

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Table of Provisions (7)

Art. 1 KESR Tariff - Subject Art. 2 KESR Tariff - Procedural Costs Art. 3 KESR Tariff - Compensation for Guardians and Trustees Art. 4 KESR Tariff - b) Assessment Art. 5 KESR Tariff - Fees for Guardians and Curators; Assessment Art. 6 Schedule of Fees KESR Art. 7 Tarif KESR - Transitional Provision

Statutory Text (7 Articles)

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Art. 1 Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - Subject Open official source

1. This regulation governs the procedural costs in the area of child and adult protection (Art. 50 EG to the Civil Code) as well as the compensations and expenses for the administration of a guardianship (Art. 54 EG to the Civil Code).

2. The provisions regarding guardianship are also applicable, mutatis mutandis, to tutelages over minors.

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Art. 2 Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - Procedural Costs Open official source

1. The Child and Adult Protection Authority levies fees based on the following rates

1. * Transactions of the Collegial Authority: CHF 300.- to CHF 5,000.-

2. * Transactions under individual authority: CHF 100.- to CHF 5,000.-

3. * Deposit of a precautionary mandate: CHF 30.-

4. * Acceptance of declaration of joint parental care and educational credits: CHF 30.-

5. * Information on the existence of a measure and capacity to act: CHF 30.-

6. * Office fees for certifications and others: CHF 20.- to CHF 500.-

7.-25. * ...

2. In justified cases, the Child and Adult Protection Authority may deviate from these rates within the legal fee framework.

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Art. 3 Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) Open official source

1. The Child and Adult Protection Authority usually determines the compensation upon approval of the account or report. Applications for compensation must be submitted together with the approval documents.

2. In cases of foreseeable effort, the Child and Adult Protection Authority can set the compensation at the time the mandate is granted. In particularly demanding cases, it may approve appropriate advance payments.

3. Private guardians may waive compensation.

4. ...

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Art. 4 Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - b) Assessment Open official source

1. When determining compensation, all circumstances of the case must be considered, particularly the required time investment, the difficulty of executing the measures, and the associated responsibility.

2. If special professional expertise is required for managing the guardianship, the compensation will be determined within the legal framework based on the corresponding professional tariff.

3. In the absence of specific circumstances, an hourly rate of CHF 30.- should be assumed.

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Art. 5 Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - Fees for Guardians and Curators; Assessment Open official source

1. The claim for reimbursement of expenses must be substantiated. The corresponding receipts are to be submitted at the end of the reporting period together with the compensation application.

2. For journeys using private vehicles, all vehicle usage costs are compensated with a flat-rate mileage allowance according to the following rates

a) Car: 70 Rp./km

b) Motorcycle: 40 Rp./km

c) Moped: 30 Rp./km

3. The Child and Adult Protection Authority may, upon request, grant an appropriate flat-rate for expenses per year. In the case of a flat-rate compensation, no additional expenses may be claimed.

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Art. 6 Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - Cost Bearing by Professional Guardianship Open official source

1. The compensation and reimbursement of expenses determined by the Child and Adult Protection Authority shall be borne by the responsible professional guardianship if these cannot be paid by the affected person.

2. Insofar as a cost-bearing by the professional guardianship is claimed, the affected persons, or in the case of minors, the persons liable for support, shall disclose their income and financial circumstances.

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Art. 7 Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - Transitional Provision Open official source

1. This regulation applies to all proceedings pending at the time of its entry into force.

Ordinance on Procedural Costs, Compensation and Expenses in Child and Adult Protection Law (Tarif KESR) - Subject (TARIFKESR)

Table of Provisions (7)

Statutory Text (7 Articles)

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