Kanton Glarus (VOKESB)

Scope of Application

1 This Ordinance regulates

a. the organization of the Child and Adult Protection Authority (CAPA);

b. the procedure before the CAPA;

c. the requirements for the members of the CAPA;

d. professional guardianships;

e. the remuneration of guardians and advance care representatives;

f. * the Inheritance Specialist Unit.

2 The CAPA is the competent authority under Article 13 paragraph 4 of the Transplantation Act. *

Persons Designated

1. The designations of persons used in this Ordinance always refer to both genders.

2. Organisation

Meetings, Constitution

1 The KESB determines its meeting dates as needed.

2 It designates a Vice-President from among its members. *

1) GS I A/1/1

2) GS III B/1/1

3) GS VIII A/1/1

4) SR 810.21

SBE XII/5

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3 The President chairs the meetings of the KESB. In case of impediment or

absence, the Vice-President or a permanent authority member assumes the

chair. *

Agenda, Composition, File Laying Open

1 Motions must be submitted to the minute-taker no later than five days before the next meeting. *

2 The President determines the agenda and the composition. The agenda must be made available at least four days before the meeting date. *

3 In special cases, the KESB may, at the beginning of its meeting and by a simple majority, decide on the addition of further business items to the agenda.

4 The files for the meeting business will be made available electronically. *

Decision-Making, Announcement

1 The Child and Adult Protection Authority (KESB) makes its decisions by a simple majority of the participating members. *

1a Abstention from voting is excluded for all matters. *

2 It may make its decisions by circular resolution. Circular resolutions must be designated as such and require unanimity. If unanimity is not achieved or if a member requests deliberation, the decision must be dealt with at a meeting. *

3 Decisions are communicated by written delivery. In individual cases, the KESB may decide on an oral announcement. *

* Public Announcement

1 If a delivery cannot be made due to an unknown whereabouts or for another reason, the KESB may publish its decision in the official gazette.

Authority to Sign

1. For decisions, the Chairperson of the KESB (Child and Adult Protection Authority) meeting signs along with the minute-taker. *

1a. If the minute-taker is absent after the meeting, a member of the authority present at the meeting signs on their behalf. *

2. Other documents and contracts, as well as orders/decrees in accordance with Article 65 paragraph 5 EG ZGB, are signed by the member leading the proceedings. *

### **Support Services III B/1/6**

1 The support services are an administrative unit belonging to the KESB (Child and Adult Protection Authority). They assist the KESB with investigations, advice, auditing, and administration.

2 The President of the KESB is responsible for the overall management of the support services. He may delegate the professional and personnel management. *

2a The authority member leading the proceedings has professional authority to issue instructions to the employees of the support services. *

3 The KESB appoints an employee from the support services for minute-taking at the authority meetings. *

Inheritance Office

1 The President of the KESB is responsible for the overall administrative and personnel management of the Inheritance Office. He may delegate these responsibilities.

2 The employees of the Inheritance Office perform the tasks mentioned in Articles 103-119c EG ZGB independently.

3 Employees of the Inheritance Office generally sign individually. In individual cases, any employee may request a second signature from another employee of the Office.

3. Procedure

### Case Management

1. As a general rule, the Child and Adult Protection Authority (KESB) assigns case management to a permanent member. In simple cases, the permanent members may delegate case management to another member. *

2. The case-managing member handles the cases assigned to them in cooperation with the supporting services and submits motions to the KESB. *

1. Die erste Einladung zu einer persönlichen Anhörung gemäss Artikel 447 Absatz 1 des Schweizerischen Zivilgesetzbuches (ZGB)[[5]](#paragraphtext_content_fn_829759_2_5_c) erfolgt formlos und ohne Androhung von Säumnisfolgen.

2. Die Anhörung erfolgt durch ein Mitglied der KESB. Dieses kann die Anhörung in einfachen Fällen an einen Mitarbeitenden der unterstützenden Dienste delegieren.

3. In besonderen Fällen kann die Anhörung einer aussenstehenden Fachperson übertragen werden.

4. Der Inhalt der Anhörung wird schriftlich festgehalten. In begründeten Fällen kann die Anhörung elektronisch aufgezeichnet werden.

Inspection of Files*

1. Persons affected by the proceedings shall, upon prior registration, have the right to inspect the files concerning them, provided that no protectable interests of third parties or the public object.

2. The person concerned, from whom file documents are withheld, shall be informed of this fact and the reasons for it.

**4. Requirements for Members of the KESB and Incompatibilities**

Professional Requirements

1 The permanent members must have completed a legal education or hold a university or higher education degree or, exceptionally, have many years of experience in the disciplines of social work, pedagogy, or psychology.

2 The other members should also represent professional disciplines such as child psychology, child psychiatry, medicine, insurance, fiduciary services, or asset management.

Incompatibility

1 The office as a permanent or other member of the KESB, as well as employment in the supporting services, are incompatible: *

a. * with the office as a guardian or auxiliary person to a guardian in the Canton of Glarus;

b. * with the professional representation of third parties before the KESB of the Canton of Glarus and its appeal bodies.

2 *

5. Guardianships

Affiliation of Professional Guardianship

1 The professional guardianship is affiliated with the Department of Social Services. *

Compensation and Reimbursement of Expenses

1 The Child and Adult Protection Authority (KESB) determines the compensation and reimbursement of expenses for mandate holders upon approval of the accountability report. *

1a Within the reporting period, an advance payment for a maximum of twelve months can be disbursed after one year. *

2 The costs for compensation and reimbursement of expenses are charged to the managed assets of the supervised person. *

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3 If the assets are below 20,000 Swiss Francs and there are no third parties obliged to provide support, the state bears these costs. This does not apply to final reports and final accounts due to the death of the assisted person.

3a If only illiquid assets are available, the KESB can order the state treasury to advance these costs and secure its claim by a right of pledge. *

3b If the liquid assets exceed 20,000 Swiss Francs or if the measure ends due to death, the advanced sum will be reclaimed. The claim lapses after ten years from the legal force of the decision. *

4

*

5 In the case of minors, the state bears these costs. However, for admonitions or instructions under Article 307 paragraph 3 of the Swiss Civil Code (ZGB) or measures under Article 308 paragraph 2 ZGB (concerning paternity, personal contact), they can be imposed equally on both parents. In the event of a clear breach of cooperation obligations by one parent, that parent may be charged with the entire costs. *

Content of the Compensation

1. The compensation covers the expenses of the mandate holders for the tasks

assigned to them. These include, in particular: *

a. personal care and maintenance of contact;

b. contact with third parties (public authorities, homes, schools, relatives,

etc.);

c. administrative matters, namely applications for scholarships, social

assistance and social insurance, completion of tax returns;

d.-e. *

f. accounting and reporting.

2. If parts of these tasks are delegated to third parties, the KESB may deduct

the resulting costs from the compensation.

3. Extraordinary actions by mandate holders, which do not fall within their

assigned tasks, shall be compensated based on actual expenses and prior

agreement with the KESB (e.g., household liquidation, change of residence

and employment). *

### Amount of Compensation

1. Unless waived, mandate holders shall receive the following annual compensation for the management of their mandate, depending on the effort involved

a. Category A: up to CHF 800;

b. Category B: up to CHF 1,600;

c. Category C: up to CHF 2,400;

d. Category D: up to CHF 3,200;

e. Category E: extraordinary expenses based on hourly billing.

1a. The Child and Adult Protection Authority (KESB) shall determine the prospective compensation category when establishing or taking over a measure. The KESB reserves the right to adjust this category to current circumstances.

2. * [This point is empty in the original and thus remains so in the translation]

3. If the management of a mandate involves tasks requiring specific expertise, the KESB may agree in advance on an hourly rate and a cost ceiling for these activities. In such cases, compensation shall be based on actual effort and a detailed invoice.

4. Compensation shall be calculated pro rata for full months.

5. If the KESB orders an inventory to be taken when establishing or taking over a guardianship or upon a change of mandate holder, it shall award the mandate holder an opening lump sum of a maximum of CHF 500 upon approval of the inventory.

Expenses

1. For office and consumable materials, copies, telephone and internet costs, etc., a flat-rate expense allowance of 50 Swiss Francs per year can be claimed. *

2. For travel, second-class train fares are reimbursed. When using a private motor vehicle, 0.70 Swiss Francs per kilometer are reimbursed. *

2a. Support persons with a domicile or business address outside the canton will have travel expenses charged from the canton border. Exempt are mandates where both the support person and the assisted person have their domicile or business address outside the canton. *

3. If expenses exceed 300 Swiss Francs per year, this must be reported to the KESB (Child and Adult Protection Authority) without delay. Otherwise, compensation will only be provided in justified exceptional cases. *

**6. Further Regulations**

Supervision

1 The KESB is subject to the supervision of the Department of Economic Affairs and

Interior.

2 The KESB supervises the guardians.

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Remuneration of the Lasting Power of Attorney Holder

1 If the lasting power of attorney does not contain a provision regarding the remuneration of the appointed person, the lasting power of attorney holder is entitled to remuneration in accordance with Article 16, provided that this appears justified in view of the scope of the tasks or the service is usually remunerated. *

2 The remuneration is fully borne by the principal. An advance payment by the state is excluded. *

* **Data Processing**

1. The linking of the KESB (Child and Adult Protection Authority) and the Inheritance Office software with the cantonal data platform of the resident registers for data entry and updating by means of an automated access and reconciliation procedure is permissible.

2. The automated access and reconciliation includes personal data from characteristics groups 1–6 according to Annex 1 of the Ordinance on the Operation of a Cantonal Data Platform in accordance with the Implementation Act to the Register Harmonisation Act6).

6) GS I C/21/3

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III B/1/6