Implementing provisions to the Ordinance concerning the Introduction of Child and Adult Protection Law (AB KESR) - Exclusive Jurisdiction (ABKESR)

**1. The jurisdiction of a member includes the following child protection matters:**

a. Filing of an application for the reallocation of parental custody during divorce or separation proceedings (Art. 134 para. 1 CC);

b. Approval of maintenance agreements and reallocation of parental custody when parents are in agreement (Art. 134 para. 3 and 287 CC);

c. Filing an application for the appointment of a child's representative during divorce or separation proceedings (Art. 299 para. 2 let. b CPC);

d. Consent to the adoption of a child under guardianship (Art. 265 para. 3 CC);

e. Receipt of the declaration of consent from the father and mother for adoption (Art. 265a para. 2 CC);

f. * Assignment of parental custody to the other parent (Art. 297 para. 2 and 298b para. 4 CC);

g. * ...

h. * Determination of joint parental custody (Art. 298a para. 1 and 2 CC);

h1. * Regulation on the crediting of educational allowances (Art. 52bis para. 3 OASI);

i. * Appointment of a representative to establish paternity (Art. 308 para. 2 CC);

j. Granting of permission to take in a foster child with the intention of later adoption and the exercise of foster child supervision (Art. 316 para. 1bis CC, Art. 2 para. 2 AdoO);

k. Ordering the taking of an inventory and the periodic accounting and reporting of the child's assets (Art. 318 para. 3 and 322 para. 2 CC);

l. Receipt of the inventory of a child's assets upon the death of a parent (Art. 318 para. 2 CC);

m. Approval to deplete the child's assets (Art. 320 para. 2 CC);

m1. * Decisions on jurisdictional matters (Art. 442 and 444 CC);

m2. * Transfer of the existing measure to the authority of the new residence (Art. 442 and 444 CC);

n. Ordering of a representative guardianship for an unborn child to safeguard inheritance claims (Art. 544 para. 1bis CC);

o. Notification to the competent residents' registration office regarding the allocation of parental custody and guardianship of children;

p. Notification of the appointment of a representative to the debt enforcement office (Art. 68c DEBA);

q. Examination of the account and the report (Art. 415 and 425 CC);

q1. * Ordering of precautionary and superprovisional measures (Art. 445 CC);

r. Filing a criminal complaint (Art. 30 para. 2 of the Swiss Criminal Code).

**2. The jurisdiction of a member includes the following adult protection matters:**

a. Review, interpretation, and supplementation of advance directives and instructing the appointed person on their duties (Art. 363 and 364 CC);

b. Consent to legal actions of the spouse within the framework of extraordinary asset management (Art. 374 para. 3 CC);

c. Determination of representation authority for medical measures (Art. 381 and 382 para. 3 CC);

d. Preparation of an inventory and ordering the preparation of a public inventory (Art. 405 para. 2 and 3 CC);

e. Examination of the account and the report (Art. 415 and 425 CC);

f. Transfer of authority for the release of a person to the institution (Art. 428 para. 2 CC);

g. Notification to the civil status office regarding the existence of comprehensive guardianship or advance directives (Art. 449c CC);

h. Enforcement order (Art. 450g CC);

i. Information about the existence of an adult protection measure and granting the right to inspect files (Art. 451 para. 2 and 449b CC);

j. Notification of limited or revoked legal capacity to the debtors (Art. 452 para. 2 CC);

k. Application for the ordering of an inheritance inventory (Art. 553 para. 1 CC);

k1. * Decisions on jurisdictional matters (Art. 442 and 444 CC);

l. * Transfer of the existing measure to the authority of the new residence (Art. 442 and 444 CC);

l1. * Ordering of precautionary and superprovisional measures (Art. 445 CC);

m. Notification of asset management by a representative or a person appointed for care to the debt enforcement office (Art. 68d DEBA);

n. Filing a criminal complaint (Art. 30 para. 2 of the Swiss Criminal Code).

1. The individually responsible member is entitled, in special cases, to submit the matter to the collegium for a decision.

1. The municipalities shall be reimbursed or billed annually, no later than mid-February of the year following the fiscal year, for

a. the compensation for the cantonal authorities' organization (Art. 23 EV KESR) by the Department of Finance;

b. the costs of measures pre-financed by the canton which cannot be paid from the assets of the person concerned (Art. 24 EV KESR) by the Child and Adult Protection Authority.

1. Claims for damages and compensation of up to 10,000 Swiss francs, for which guardians are responsible and which are related to an ongoing measure, shall be decided by the Child and Adult Protection Authority instead of the Government Council.

1. The Child and Adult Protection Authority generally determines the compensation and reimbursement of expenses for guardians upon the acceptance of the accounting report.

2. The compensation and reimbursement of expenses are charged against the managed assets of the person being cared for or billed to obligated third parties, insofar as this is deemed reasonable.

3. In cases of insolvency or absence of obligated third parties, the compensation and reimbursement of expenses are borne by the competent municipal authority. A person is considered insolvent if their net assets amount to less than CHF 25,000.

4. In final reports due to the death of the person being cared for, the compensation and reimbursement of expenses are charged against the estate, insofar as it suffices. The remaining costs are borne by the competent municipal authority.

5. Private mandate holders may waive compensation in favor of the assets of the person being cared for. The waiver must be expressly communicated to the Child and Adult Protection Authority upon acceptance of the accounting report.

6. The Child and Adult Protection Authority may further regulate compensation and reimbursement of expenses in a regulation.

1. The compensation is determined by the scope and complexity of the tasks assigned to the guardians and custodians in accordance with federal or cantonal law, as well as by the Child and Adult Protection Authority.

2. Efforts that do not fall within the primary duties of the guardians or custodians but are necessary may be compensated separately.

3. Such efforts must be agreed upon in advance with the Child and Adult Protection Authority.

1. The compensation for the advisor or the guardian for the conduct of the mandate amounts to a maximum of CHF 5,000 per year.

2. Exceptionally, a higher compensation may be set if very extensive, complex, or special tasks have been assigned.

3. Travel expenses are additionally compensated with an annual flat rate ranging from CHF 100 to a maximum of CHF 300, depending on the effort. Higher travel expenses must be itemized in full detail.

4. For out-of-pocket expenses such as postage, telephone, etc., an annual flat rate of usually CHF 200 can be claimed instead of a detailed invoice. Higher out-of-pocket expenses must be itemized in full detail.

1. For the compensation of private professionals, particularly lawyers and trustees, the rates according to Article 6 of these implementation provisions generally apply.

2. If the mandate involves tasks that require specific expertise and do not coincide with the tasks of the deputy or the guardian, compensation may be determined at discretion based on detailed billing notes. Where available, the lower tariffs of the respective professional association should be applied.

1. Persons residing in the Canton of Obwalden may deposit their advance directives with the Child and Adult Protection Authority.

2. In the event of a change of residence to another canton, the depositor is required to retrieve the advance directive from the Child and Adult Protection Authority and, if necessary, inform the civil registry office of the new place of deposit.

1. The municipal guardianship authorities shall transfer the files of pending cases to the Child and Adult Protection Authority by no later than December 31, 2012, according to its instructions.

2. The files of completed cases shall be retained by the guardianship authorities in the municipal archives. The files must be preserved for a minimum of 10 years for the benefit of the Child and Adult Protection Authority. Thereafter, before any possible destruction, the files must be offered to the state archive; the state archive may, if necessary, consult with the Child and Adult Protection Authority.

1. If the compensation and reimbursement of expenses for guardians are determined by the competent guardianship authority by December 31, 2012, the authority shall apply the relevant municipal fee regulations for the entire compensation period.

2. If the compensation and reimbursement of expenses for guardians are determined by the Child and Adult Protection Authority, the authority shall apply the relevant municipal fee regulations for efforts made up to December 31, 2012, and the present implementation provisions for efforts made from January 1, 2013, onwards.

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1. These implementing provisions come into effect on January 1, 2013, with the exception of Articles 8 and 9, which already came into effect on August 1, 2012.