REGULATION on the Administration of Protection Mandates (RAM) - Principle (RAM)

1. The protection authority exercises general supervision over protective measures.

1. Upon taking office, the curator or guardian, assisted by a representative of the protection authority, shall prepare an inventory of the patrimonial assets of the person concerned (Art. 405, para. 2 CC [B], Art. 6, para. 1 let. e LVPAE [A]). When the latter is capable of discernment, they shall, if possible, be involved in the inventory.

1. The curator or guardian manages the assets of the person concerned in accordance with the provisions of the Federal Ordinance on Asset Management within the framework of guardianship or tutorship [C].

2. Assets acquired by donation or inheritance by the person concerned are included in this estate.

1. If the interest of the concerned person demands it, valuable movable property and immovable property are sold in accordance with Articles 416 and 417 of the Civil Code [B].

1. The curator or guardian may withdraw from the accounts of the person concerned the sums necessary for the regular administration of the measure on a monthly basis, without requiring specific authorization from the justice of the peace.

2. If circumstances so require, the judge may set a withdrawal limit, which he communicates to the relevant institutions.

1. The initial account is based on the inventory (art. 2). Each subsequent account is based on the previous account.

2. In principle, each account covers an annual period from January 1 to December 31.

3. The account must be prepared in duplicate, in accordance with the template established by the Cantonal Court. The final account must be submitted in triplicate.

1. The protective authority may authorize the curator or the guardian to present the cash account in commercial form or as a bank account statement.

1. The curator or guardian must append to their account

1. the approved account of the preceding financial year;

2. the supporting documents, each bearing a number corresponding to the item in the account to which it relates;

3. the schedule of securities belonging to the person concerned, issued by the institution where they are deposited.

1. The account is signed by the curator or guardian and by the concerned individual if the latter is at least 16 years old and capable of discernment.

1. The account must be submitted to the protective authority within the time frame it sets.

2. If the account has not been submitted after a reminder and a summons, the protective authority shall have it prepared, usually at the expense of the curator or guardian, by one of its members or by an external person.

3. In addition, the measures that can be taken under Articles 415, paragraph 3, and 423 of the Civil Code are reserved.

1. The account is preliminarily examined by one or two members of the protection authority. They verify the accuracy, legality, and appropriateness of the transactions and ensure the existence of assets belonging to the concerned person. They may request any explanations from the curator or guardian and, if necessary, set a deadline for them to complete or correct the account, or they may address it themselves.

2. The account thus examined is submitted for approval to the justice of the peace, who also determines the compensation and expenses of the curator or guardian (Art. 5, para. 1, let. p LVPAE [A]).

3. These operations must take place within three months from the submission of the account.

1. If the account is approved, both copies are signed by the judge. One of these copies is kept with the court clerk, and the other is returned to the curator or guardian.

2. If the account cannot be approved and the curator or guardian does not rectify it, the justice of the peace orders its correction, generally at the expense of the curator or guardian and, if necessary, takes the measures provided for by Articles 415, paragraph 3, and 423 of the Civil Code [B]. Criminal prosecutions are reserved.

3. Any accounting error may be subject to a request for correction from the justice of the peace during the protection measure.

1. The curator or guardian shall attach to the account submitted to the justice of the peace a separate report providing brief information about the operations conducted during the period, as well as any personal interactions he has had with the person concerned, regarding the latter's resources, needs, living and educational conditions, conduct, or any other relevant circumstances.

1. This regulation enters into force with effect from January 1, 2013.