Ordinance on the Compensation and Expense Reimbursement of Deputies (Deputy Compensation Ordinance) (Beistandsentschädigungsverordnung) - Lump Sum Compensation
Table of Provisions (9)
Statutory Text (9 Provisions)
1. The Child and Adult Protection Authority compensates the guardian with a lump sum ranging from CHF 500.00 to CHF 3,000.00 per year. A shorter reporting period is taken into account accordingly.
2. Compensation is generally determined at the end of the reporting period.
1. The determination of the remuneration is primarily based on the following criteria
a) the type of guardianship and the assigned tasks
b) the personal circumstances of the ward
c) the amount of assets and income to be managed, as well as the complexity of the financial situation
d) the necessary expenditure
2. If the guardian undertakes tasks for the ward that are not covered by the mandate of the Child and Adult Protection Authority and receives remuneration for them, the Child and Adult Protection Authority must be informed. Compensation by the Child and Adult Protection Authority is only possible following a prior application and will only be granted if the tasks are in the interest of the ward.
3. If compensation is awarded based on time expenditure instead of a lump sum, it is determined according to § 3 paragraph 3.
1. Pursuant to Art. 58 para. 2 of the Introductory Act to the Swiss Civil Code (ZGB), a higher compensation may be granted.
2. Particularly difficult circumstances exist when the management of guardianship requires special expertise, such as legal or business management knowledge. They may also arise from a particularly high psychological burden on the guardian. The management of a guardianship by a professional guardian is not sufficient in itself to constitute particularly difficult circumstances.
3. Circumstances that could result in special compensation must be reported to the Child and Adult Protection Authority as soon as possible. Instead of a lump sum, it may establish compensation based on time expenditure. In doing so, it determines
a) which task is to be compensated based on time expenditure
b) the hourly rate
c) the accounting period
1. The claimed expenses must be itemized, usually with the original receipts. The Child and Adult Protection Authority may require the use of their expense forms.
2. For travel expenses, instead of a detailed account for each annual reporting period, a flat rate of CHF 100.00 can be claimed.
3. For postage/telephone/copies, instead of a detailed account for each annual reporting period, a flat rate of CHF 100.00 can be claimed.
4. Otherwise, the reimbursement of necessary expenses is governed accordingly by the Ordinance on Expense Reimbursements in the Canton of Schaffhausen.
1. In the cases of Art. 314abis and Art. 449a of the Swiss Civil Code, compensation is generally awarded based on time expended.
2. These are procedural costs in accordance with Art. 54 paragraph 2 EG of the Swiss Civil Code.
1. If compensation and reimbursement of expenses cannot be paid from the assets of the affected person, they shall be borne by the municipality in which the affected person has a civil residence.
2. The asset exemption according to Art. 58 para. 3 of the Introductory Act to the Swiss Civil Code applies. The affected person must disclose their income and asset circumstances.
3. The decision is the responsibility of the Child and Adult Protection Authority.
1. If the affected person subsequently attains favorable economic circumstances, the municipality may require them to reimburse the costs borne by the municipality.
2. Upon the death of the affected person, the heirs may be required to reimburse the costs borne by the municipality up to the amount of the inheritance remaining after the deduction of debts. The asset exemption according to Article 58 paragraph 3 of the Introductory Act to the Swiss Civil Code (EG ZGB) does not apply.
1. Activities up to December 31, 2012, will be compensated according to the previous regulation.
1. This regulation shall come into force on January 1, 2013.
2. It is to be published in the Official Gazette and included in the cantonal law collection.