Introductory Act to Child and Adult Protection Law (EG KESR) (EGKESR)

This Act governs the implementation of the provisions of **ZGB12** concerning child and adult protection. It regulates in particular

a. the organization and jurisdiction of the Child and Adult Protection Authority (KESB) and the supervision of this authority (Art. 440 and 441 ZGB),

b. the management of guardianships (Art. 405 et seq. ZGB),

c. institutional placement for care and post-care (Art. 426 et seq. and 437 ZGB),

d. the procedure before the KESB and the judicial appeal bodies (Art. 450f ZGB).

2. Section: Organization

A. Child and Adult Protection Districts

3

1 A Child and Adult Protection District (District) comprises

the area of one or more political municipalities, which are usually located

in the same district.

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232.3

EG KESR

2 The Government Council, after hearing the municipalities, determines the Districts.

It considers in particular

a. the probable number of cases in the municipalities concerned,

b. the minimum work percentages of KESB members in accordance with § 5,

c. the conditions for an economic and professionally optimal

fulfillment of tasks by the KESB.

3 If a District comprises municipalities located in different districts,

its district affiliation is determined by the organizational

seat of the KESB concerned.

B. Child and Adult Protection Authority

Cooperation

among Municipalities

Composition

and Structure

**3** **1** If several municipalities establish a joint Child and Adult Protection Authority (KESB) by means of an affiliation agreement, the Municipal Executive Council is responsible for the decision regarding this agreement. For other forms of inter-municipal cooperation, competence is determined by the Municipal Act.

**2** The following must be regulated in particular

a. purpose of the cooperation,

b. organizational seat and name of the KESB,

c. distribution of the costs of the KESB,

d. determination of the personnel law applicable to the members and substitute members of the KESB and the employees of the secretariat.

**3** The regulation requires the approval of the Government Council.

3 1 In each district, there shall be an APCA with at least three

members. If an APCA consists of five or more members, it may

form divisions.

2 The APCA must include members with expertise in the fields of

law and social work. Additionally, the APCA shall include

members with expertise in the fields of pedagogy, psychology,

health, or fiduciary services.

3 To ensure representation, a sufficient number of substitute members

shall be appointed, but at least two. Members of another APCA may

also be designated as substitute members.

3 The workloads of the members of the KESB must be at least

a. 80% for the president,

b. 50% for the other members.

Minimum Workloads

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EG KESR 232.3

3 1 Swiss citizens who reside in Switzerland may be appointed as members Requirements

of the KESB.

2 KESB members must hold a university degree or a federally recognised

tertiary-level qualification in one of the professional fields according to § 4 para. 2,

and demonstrate several years of professional experience in that field.

3 These requirements also apply to substitute members.

3 Incompatibility

1 The office as a member of a KESB (Child and Adult Protection Authority) and employment in the secretariat are incompatible with the office as a guardian or and as a mentor or mentor in the same district.

2 The office as a member of a KESB is incompatible with the professional representation of third parties before the KESB and the appellate bodies.

3 The office as an alternate member of a KESB is incompatible with the professional representation of third parties before this KESB.

### 3 Appointment

#### 1 The following bodies appoint the President and the other members and substitute members of the KESB

a. the municipal executive council21, if a municipality forms a district,

b. the municipal executive council21 of the host municipality in the case of an affiliation agreement,

c. the executive body of the special-purpose association or other inter-municipal groupings.

#### 2 They regulate the employment relationships of the members and substitute members.

1 Decision-Making and Composition of the KESB (Child and Adult Protection Authority)

1 If the KESB decides as a collegial body, one member each from the legal discipline and the social work discipline must participate in the decision.

2 The President chairs the meeting.

3 If a KESB consists of several departments, the departmental chairmanship may be transferred to a Vice-President.

The members of the KESB are, in their decisions regarding independence, not bound by any instructions.

### 3 Continuing Education

1 The members and substitute members of the KESB regularly undertake continuing education.

2 The supervisory authority according to § 13 provides continuing education opportunities. The canton bears the costs.

1. 1. 22-115 3

Secretariat

232.3

EG KESR

1 Every Child and Adult Protection Authority (KESB) maintains a secretariat at its organizational seat.

2 A member of the secretariat staff keeps the minutes and participates in decision-making with a consultative vote.

3 The secretariat ensures the systematic filing of files and their continuous recording in a register. It may, in simple cases, dispense with a register.

Supervision of the KESB

Supervision of Residential and Care Facilities

Section 3: Supervision

3 The Directorate designated by the Government Council is the supervisory authority over the KESB in accordance with Art. 441 para. 1 of the Swiss Civil Code.

The District Council supervises residential and nursing homes in accordance with Art. 387 CC, unless the law declares another authority to be competent.

Guardians

Supervision

Tasks of Guardians

a. Inventory Taking

Section 4: Guardianship

A. General Provisions

1 Appointment of Guardians by the Child and Adult Protection Authority (CAPA)

The Child and Adult Protection Authority (CAPA) appoints the following persons to manage guardianships

a. part-time individuals (private mandate holders),

b. professional guardians.

2 The municipalities report part-time individuals who are willing to manage guardianships to the CAPA.

The appointed professional carers are subject to the professional supervision of the KESB. The KESB can issue instructions to them.

1 The inventory pursuant to Art. 405 para. 2 SCC contains the assets

and liabilities to be administered and the essential income

and expenses. These must be recorded precisely and clearly, and

estimated where necessary.

2 In case of delay or deficiencies, the APPS sets a deadline. If this

is not met, the APPS may have the inventory drawn up by a third party

at the expense of the guardian.

3 The APPS examines and approves the inventory.

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EG KESR

232.3

4 If the APPS orders a public inventory pursuant to Art. 405 para. 3

SCC, it commissions a notary public to do so.

1 The guardians submit the reports and accounts in accordance with Articles 410, 411 and 425 of the Swiss Civil Code within two months after the end of the reporting or accounting period.

2 § 17 para. 2 applies mutatis mutandis.

**Accounting and Reporting**

The bearing of costs for measures ordered by the KESB or a physician in accordance with § 27 is determined by costs

1 The municipalities shall ensure that a sufficient number of professional guardians are available for the management of adult protection measures.

2 In individual cases of default by the municipality, the KESB may appoint a professional guardian at the municipality's expense.

1 Compensation for the management of a guardianship Compensation

amounts to CHF 1,000 to CHF 25,000 for a two-year reporting period.

2 Reimbursement of expenses is determined

a. for private mandate holders by the

personnel regulations applicable to members of the KESB,

b. for professional guardians by the personnel regulations applicable to them.

3 In justified cases, the KESB may deviate from the regulations according to

paragraphs 1 and 2.

Reimbursement of expenses

4 The Government Council shall regulate the details in an ordinance.

can be paid from the assets of the person concerned, the costs are borne by the municipality in which the person concerned has their civil law domicile.

1 To the extent that compensation and expense reimbursement are not covered by the cost-bearing

2 If the person concerned subsequently comes into favorable economic circumstances, the municipality can oblige them to repay the costs.

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3 Upon the death of the person concerned, the heirs can be obliged to repay the costs up to the amount of the inheritance remaining after deduction of debts.

4 In cases of Art. 442 para. 2 CC, the municipality at the place of residence of the person concerned bears the costs according to para. 1 until the proceedings are taken over by the domicile authority.

C. Minors

1 In cases under Art. 318 paras. 2 and 3 CC, the KESB shall set a period of two months for the submission of the private inventory. It may extend the period in justified cases.

2 § 17 paras. 2 and 3 apply mutatis mutandis.

3 If the KESB orders the preparation of an official estate inventory according to § 125 EG ZGB, the obligation to prepare a private inventory ceases.

1 Remuneration and expense reimbursement for private mandate holders are governed by § 21.

2 For professional guardians,

a. remuneration is governed by the Child and Youth Welfare Act of March 14, 2011 (KJHG)11,

b. expense reimbursement is governed by § 21 para. 2 lit. b.

3 In cases of substantial child assets, remuneration may also be set for professional guardians according to § 21.

1 The Bearing of Costs for the Management of Guardianships

by private mandate holders and professional guardians is governed by the KJHG11.

2 In cases of significant child assets, the compensation and expense reimbursement may be charged to these assets.

The provisions for assistant guardians apply mutatis mutandis to guardians.

6

EG KESR

Part 5: Placement for Assistance

A. Order for Placement and Release

232.3

1 Placements according to Art. 429 para. 1 SCC may be ordered by physicians who

a. hold a federal diploma or a federally recognized foreign diploma and

b. possess a license to practice their profession independently in Switzerland or work under the responsibility of a physician with such a license.

2 The admitting physicians may not be subordinate to the medical management of the receiving institution.

Placement

a. Competence

b. Enforcement

The physician may enlist the assistance of the police for the enforcement of the committal.

1 The placement according to Art. 429 para. 1 SCC lasts c. Duration

a maximum of six weeks.

2 If the medical management of the institution considers a longer

placement necessary, it submits a reasoned request to the APPS in a timely manner. The APPS decides without delay.

1 Physicians who order compulsory placements for training purposes shall regularly undertake further training in this area.

**2 The Psychiatric University Hospital Zurich offers further training courses. The canton shall bear the costs.**

Decide on the Placement of Voluntarily Admitted Persons

Placement decisions according to Art. 427 para. 2 of the Swiss Civil Code (SCC) may be made

a. by the Child and Adult Protection Authority (CAPA) upon a reasoned request from the medical director of the institution,

b. by physicians according to § 27 who hold a specialist title in psychiatry and psychotherapy or child and adolescent psychiatry and psychotherapy.

1. No new admission procedure is required for the transfer of a person residing in one facility to another facility.

2. The competence for the transfer decision is determined by the competence for discharge from the facility.

3. If the placement is based on a decision by the KESB, the medical management of the facility shall notify the KESB of the transfer.

Voluntarily

Admitted Person

Transfer to

another

Facility

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232.3 EG KESR

Re-admission

of escaped

or furloughed

Persons

Discharge

Duties of the

Facility

Remuneration

of physicians for

orders

pursuant to § 31 lit. b

a. In

General

b. Release

from Official

and Professional

Secrecy

c. KESB liable

for remuneration

1. The institution may re-admit a person placed for welfare purposes, who has been granted leave or has absconded, within three months without a new placement procedure, provided that the conditions of Art. 426 para. 1 and 2 CC are met.

2. The KESB or the institution may have these persons reported to the police for tracing. The institution shall inform the KESB about the report if the person was placed by the KESB.

1 If the institution is responsible for the discharge of a person (Art. 428 para. 2 or Art. 429 para. 3 CC), its medical management decides.

2 If the Child and Adult Protection Authority (CAPA) is responsible for the discharge, it decides on the basis of a reasoned application from the medical management of the institution. It decides without delay.

1 Admission to a facility or retention against one's will

If a person is admitted to a facility or retained there against their will, the facility shall inform the person concerned of their right to

a. involve a person of trust in accordance with Art. 432 CC;

b. request an an assistant or guardian from the KESB in accordance with Art. 449a CC.

2 The facility shall immediately report to the KESB the admission of minors placed by medical decision.

19 1 The KESB shall bear the costs of the specialist physician as

per § 31 lit. b.

2 The Government Council shall, in an ordinance, determine an

hourly flat rate and surcharges for night, weekend, and public holiday

assignments. Travel expenses shall be reimbursed in accordance with

cantonal personnel law.**

19 The doctor is released from their official and professional secrecy obligations in connection with the assignment of claims to the KESB.

19 1 The KESB (Child and Adult Protection Authority) is liable for compensation at the civil law domicile of the person concerned.

2 If a person concerned has their domicile outside the Canton of Zurich and no extra-cantonal public body is liable for payment, the KESB at the place of stay, in accordance with Art. 442 para. 2 CC, is liable for compensation.

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EG KESR

232.3

19 1 Compensation by the KESB for services based on § 35 a, d. Claim

transition: The claim of the doctor transfers to the KESB.

2 § 60 para. 5 sentence 2 EG KESR applies mutatis mutandis.

3 The KESB may commission third parties for the collection of claims.

B. Aftercare and Outpatient Measures

Before the discharge of a person placed for welfare purposes, the institution takes measures to keep the person's health stable after discharge and to avoid their re-placement.

1 The KESB may order outpatient measures as part of post-care if

a. the discharge of the person from a compulsory placement requires it or

b. a renewed compulsory placement can thereby be avoided.

2 Outpatient measures include in particular

a. directives concerning residence, professional activity and conduct,

b. ordering of a medically indicated treatment, including the taking of medication,

c. reporting obligation to a specialist agency or authority,

d. regulation of care.

3 Enforcement is excluded.

Outpatient Measures

a. Principle

1 The KESB orders outpatient measures based on

a. a reasoned application from the institution, if it is responsible for the discharge of the person concerned,

b. a report from the institution, if the KESB is responsible for the discharge.

2 Outpatient measures according to § 37 para. 2 lit. b may only be ordered by it based on the report of a specialist in psychiatry and psychotherapy or child and adolescent psychiatry and psychotherapy.

1. Supervision and Revocation

1 The KESB monitors compliance with the ordered measures.

2 It revokes these when

a. their purpose has been achieved or cannot be achieved,

b. a welfare placement is necessary.

3 Outpatient measures are ordered for a maximum of two years. They can be extended.

Applicable Law

Seat of the KESB

according to Art. 25

Para. 2 and

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232.3

EG KESR

1 Proceedings before the Child and Adult Protection Authority (CAPA) and the judicial appeal bodies are governed by the provisions of the Civil Code and this Act.

2 If these Acts contain no provisions, the provisions of the Judicial Organisation Act (GOG)7 apply to proceedings before the judicial appeal bodies. These provisions apply by analogy to proceedings before the CAPA.

3 Subsidiarily, the provisions of the Civil Procedure Code (CPC)14 apply by analogy to all proceedings.

1 In the cases of Article 25 paragraph 2 and Article 26 of the Civil Code (ZGB), the municipality in which the affected person has their domicile at the commencement of the legal proceedings is considered the seat of the KESB. If the person relocates their center of life to another municipality within the same district during the legal proceedings or after their legally binding conclusion, that municipality shall henceforth be considered the seat of the KESB.

2 When a guardianship or a comprehensive curatorship is transferred, the seat of the KESB is determined according to paragraph 1.

The proceedings are not public.

1. There is no stay of deadlines for legally and officially set deadlines.

2. The parties to the proceedings must be informed of this.

B. Proceedings before the KESB

1 The KESB decides, subject to § 45, in a panel of three.

2 In cases of particular urgency (Art. 445 para. 2 CC), any member of the KESB is also competent to order provisional measures.

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EG KESR 232.3

1 A member of the KESB decides on the

a. granting of enforcement assistance, insofar as cantonal law does not declare any other authority competent (Art. 131 para. 1 and 290 CC),

b. application for a new regulation of parental custody with the divorce or separation court (Art. 134 para. 1 CC),

c. approval of maintenance agreements (Art. 134 para. 3 and Art. 287 para. 1 CC) as well as new regulation of parental custody, care, personal contact or childcare shares (Art. 134 para. 3 and Art. 298d CC) when parents agree,

d. application for the appointment of a child's representative in divorce or separation proceedings (Art. 299 para. 2 lit. b CPC14),

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

f. receipt of the joint declaration concerning joint parental custody (Art. 298a para. 4 CC) and regulation of personal contact and maintenance when parents agree (Art. 273 para. 3 and Art. 287 para. 1 CC),

g. regulation of the crediting of educational credits for joint parental custody of divorced or unmarried parents based on a declaration from the parents to the civil registry office or to the KESB, if the parents do not submit an agreement (Art. 52fbis para. 3 of the Ordinance of 31 October 1947 on Old Age and Survivors' Insurance16),

h. request to parents for mediation (Art. 314 para. 2 CC),

i. order for the taking of an inventory or for periodic accounting and reporting on the child's assets (Art. 318 para. 3 and 322 para. 2 CC) as well as receipt of the child's asset inventory after the death of a parent (Art. 318 para. 2 CC),

j. authorization to consume the child's assets (Art. 320 para. 2 CC),

k. determination of the effectiveness, interpretation and supplementation of the advance care directive as well as determination of the remuneration and expenses of the authorized person (Art. 363, 364 and 366 CC),

l. review of the termination of the advance care directive (Art. 367 CC),

m. consent to legal acts of the spouse or the registered partner within the framework of extraordinary asset management (Art. 374 para. 3 CC),

n. determination of the right of representation for medical measures (Art. 381 para. 2 and 3 and 382 para. 3 CC),

o. taking of an inventory as well as its review and approval (Art. 405 para. 2 and Art. 553 para. 1 items 1, 2 and 4 CC),

p. order for the taking of a public inventory (Art. 405 para. 3 CC),

q. review and approval of the account and report (Art. 318 para. 3, Art. 322 para. 2, Art. 415 para. 1 and 2 and 425 para. 2 CC) and determination of the remuneration of the guardian or assistant (Art. 404 para. 2 CC),

r. order for a representation guardianship for the unborn child to safeguard inheritance claims (Art. 544 para. 1bis CC),

s. enforcement of decisions (Art. 450g para. 1 CC),

t. provision of information on the existence and effects of an adult protection measure (Art. 451 para. 2 CC),

u. application for the order of an inventory (Art. 553 para. 1 item 3 CC),

v. lodging of a criminal complaint (Art. 30 para. 2 SCC15),

w. decisions on financial matters in accordance with the Ordinance of 4 July 2012 on asset management within the framework of a guardianship or curatorship13.

2 In connection with pending proceedings, the collegial body may decide on matters pursuant to para. 1 for sufficient reasons.

Local jurisdiction for welfare placement and aftercare

Pendency of proceedings

The jurisdiction of the KESB (Child and Adult Protection Authority) according to Art. 442 para. 1 CC (Civil Code)

also applies to

a. the periodic review of compulsory placements

(Art. 431 CC),

b. aftercare following discharge from a compulsory placement

(Art. 437 CC).

1. Proceedings before the KESB Become Pending

a. upon opening ex officio,

b. with the submission of an oral or written request,

c. by invoking the authority in cases determined by the Civil Code,

d. upon receipt of a report of endangerment.

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EG KESR 232.3

2. The KESB opens proceedings ex officio by notifying the affected

person or by taking other externally perceptible measures with a view

to ordering measures under child and adult protection law.

Procedural Direction

If the collegial body is responsible for a matter, the President of the KESB initiates the procedure. He or she may delegate the procedural direction to another member.

22 1 The Child and Adult Protection Authority (KESB) clarifies the actual circumstances itself. Clarification of

It may entrust a member or a suitable person or body with carrying out the clarifications (Art. 446 para. 2 CC). Sections 51 para. 1, 53 and 54 remain reserved.

2 The KESB obtains a report from the municipality of residence regarding the information available on the person concerned that is essential for the pending proceedings.

3 The KESB gives the municipality of residence prior opportunity to comment if its interests, particularly financial ones, could be significantly affected by a planned measure. This does not make the municipality of residence a party to the proceedings.

4 The municipality of residence is granted access to the files insofar as this is necessary for exercising its right to be heard. Persons granted access to the files are subject to the duty of confidentiality.

5 The Government Council regulates the details in an ordinance.

The invitation to a hearing in accordance with Art. 447 para. 1

SCC can be informal and without threatening consequences for failure to appear. a. Invitation

1. The hearing of the affected person is conducted by a member of the KESB if

a. the restriction or withdrawal of legal capacity or parental authority or the withdrawal of custody is the subject of the proceedings, or

b. it must be assumed that the affected person does not agree with the measure in question.

2. In other cases, the hearing may be conducted by suitable secretariat staff.

3. In special cases, the hearing may be delegated to an external specialist.

4. For important reasons, the affected person may request a hearing by the collegiate body.

b. Implementation

c. Recording

Examination of witnesses

Expert opinions

Negotiations

a. Principle

b. In contentious child matters

Deliberation

Content of the decision

Notification of the decision

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232.3

EG KESR

The essential content of the hearing shall be recorded in writing by the person conducting the hearing or by an employee of the secretariat.

The KESB may question witnesses. It may delegate the questioning to a member.

1 If a decision is to be made regarding the compulsory placement of a person with mental disorders, the Child and Adult Protection Authority (KESB) obtains an expert opinion from an external specialist.

2 In other respects, the KESB decides on obtaining expert opinions.

In proceedings before the KESB, there is generally no oral hearing.

1 Where matters concerning children are disputed between parents, the application is submitted to the KESB. The opening of proceedings ex officio remains reserved.

2 Both parents have party status. They are generally summoned to an oral hearing. The KESB gives them the opportunity for reply and rejoinder.

3 For sufficient reasons, the KESB may order written proceedings.

1. The Collegium usually consults on its decisions orally.

2. Decisions can be made by circular resolution for

a. urgent decisions,

b. decisions of minor importance, provided there is unanimity.

1 If the KESB establishes a curatorship, the decision contains

a. the type of curatorship,

b. the tasks of the curator.

2 In all other respects, the content of the decision is governed mutatis mutandis by Art. 238 CPC14.

1 The KESB shall serve its decision, with written grounds, on the persons

involved in the proceedings. It may dispense with written

grounds if the requests of the persons involved in the proceedings

are fully granted. Art. 239 para. 2 CPC14 remains reserved.

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EG KESR

232.3

2 Decisions concerning child matters shall also be served on children who

have reached the age of 14.

3 In cases according to Art. 141 para. 1 lit. a–c CPC14, instead of full public

notification, it may only be announced at which office the order

can be obtained and within what period.

4 If the KESB conducts an oral hearing, it may initially communicate

the decision orally.

5 The period for appeal begins with the service of the decision

with written grounds.

Procedural Costs

1 No advance payments of costs are required.

2 The fees for proceedings before the KESB range between

CHF 200 and CHF 10,000. In special cases, the fees can be doubled

or waived.

3 The fees are determined particularly by the effort involved, the

complexity of the proceedings, and the significance of the matter.

4 Further costs of the KESB will be charged in addition.

5 The KESB imposes fees and further costs on the parties to the

proceedings, taking into account the outcome of the proceedings.

It may waive the collection of procedural costs that have not been incurred

by a party to the proceedings or by third parties.

6 Party indemnities are generally not awarded.

For the retention of files of concluded proceedings, the following retention periods apply

a. for files from adoption proceedings: 100 years,

b. for other files: 50 years.

C. Proceedings before the judicial appellate bodies

1 Complaints Regarding Compulsory Placement Competence in

(Art. 426 ff. Swiss Civil Code) are heard in the first instance by the single judge according to

1 Complaints in accordance with Art. 450 para. 1 SCC will be decided by the District Council in the first instance. Competent is

a. the President of the District Council for decisions made by a single member of the KESB,

b. the District Council in other cases; it decides with a three-member panel.

2 Reserved are complaints concerning compulsory institutionalization to be decided by the single judge in accordance with § 30 GOG7.

Competence in the

second instance

For appeals against decisions of the District Council and

the Single Court according to § 30 GOG7, the Cantonal Court is competent.

Inquisitorial

Principle

Art. 446 para. 1 CC applies *mutatis mutandis* before the appeal bodies.

Comments,

oral

hearing

1 The appellate body sets a deadline for the persons involved in the proceedings to submit written comments. If the appeal proves to be obviously inadmissible or unfounded, it refrains from obtaining comments.

2 It may, ex officio or upon application by an involved person, order an oral hearing. If it conducts an oral hearing, it may refrain from obtaining written comments.

Right to file an application

New requests are admissible according to Art. 317 para. 2 CPC14.

Consultation

and Re-

consideration

1 For sufficient reasons, the appeal body

may instruct the lower instance to submit a statement in accordance with Art. 450d

para. 1 CC.

2 Reconsideration in accordance with Art. 450d para. 2 CC is only permissible in the

appeal proceedings before the first instance.

Waiver of

Hearing

Complaints against decisions in the field of

involuntary institutionalization (placement for care) are generally not subject to a hearing by the High Court

in accordance with Art. 450e para. 4 CC.

Obligation of

the institution

to provide information

When a complaint is lodged against a decision concerning placement for assistance (fürsorgerische Unterbringung), the appeal body may obligate the medically responsible person of the institution to participate in the oral hearing. This person is obliged to provide information.

Exclusion of a Remand

In decisions concerning placement for welfare purposes, referral back is excluded.

Notification to

the Supervisory

Authority

The appeal bodies communicate legally binding final decisions in the matter to the supervisory authority.

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EG KESR

232.3

The appeal procedure is subject to the analog application of § 44 para. 2 and § 60 para. 1 of the Supplemental Law.

Right

7. Section: Further Provisions

23

18 Reporting Requirements for Official

Regulations concerning parental care for minors by Child and Adult Protection Authorities

Child and Adult Protection Authorities report official regulations concerning parental care for minors free of charge to the municipality where these persons are registered as residents. The report includes the names and addresses of the persons holding parental care.

The Child and Adult Protection Authority (CAPA) is the Place of Deposit for Advance Care Directives

Advance Care Directive

(Art. 361 para. 3 CC).

1 Any person who, within the framework of the criminal-

provisions for taking an inventory, is punishable by a fine up to CHF 5000 if they

a. remove assets,

b. conceal assets or liabilities or make inaccurate statements about them.

2 Guardians and custodians who allow the deadlines according to §§ 17 para. 2 and 18 para. 1 to expire unused shall be punished with a fine up to CHF 1000.

8. Section: Transitional provisions

Cooperation among

3 By the end of 2012, the municipal executive board21 is responsible for

a. the agreement on intercommunal cooperation according to the Municipalities Act

3 1 For a maximum of five years from the entry into force of this Act,

persons without a formal educational qualification according to § 6 para. 2 may be

appointed as members and substitute members of the KESB. These persons

must demonstrate at least five years of activity in the field of child

and adult protection law.

2 § 9 para. 1 remains reserved.

Qualifications

for Members

and Substitute

Members

1. 1. 22-115

17

Seat of the KESB

according to Art. 25

para. 2 and 26

SCC

Retention

Periods for

Files of the

Guardianship

Authorities

Electronic

Transmission

Amendment

of Existing

Law

232.3

Implementing Act KESR

For individuals who are under guardianship at the time this Act comes into force, the seat of the KESB shall be determined according to

Municipalities and district councils shall preserve the files of guardianship proceedings in which no measures were ordered or ordered measures were concluded, in accordance with the provisions of § 61.

The KESB shall ensure the electronic transmission of submissions in accordance with Article 130 CPC14 within five years from the entry into force of this Act.

1. 1. OS 67, 443.

2. Entry into force: 1 January 2013.

3. Entry into force: 26 September 2012.

4. ABI 2011, 2567.

5. ABI 2012, 544.

6. LS 131.1.

7. LS 211.1.

8. LS 230.

9. LS 232.351.

10. LS 851.1.

11. LS 852.1.

12. SR 210.

13. SR 211.223.11.

14. SR 272.

15. SR 311.0.

16. SR 831.101.

17. Text available in OS 67, 443.

18.

EG KESR

232.3

18 Inserted by the Law on Reporting and Resident Registers of

11 May 2015 (OS 70, 407; ABI 2014-10-31). In force since 1 January 2016.

19 Inserted by Act of 25 April 2016 (OS 72, 13; ABI 2014-05-30). In force

since 1 March 2017.

20 Version according to Act of 25 April 2016 (OS 72, 13; ABI 2014-05-30). In force

since 1 March 2017.

21 Version according to Municipal Act of 20 April 2015 (OS 72, 183; ABI 2013-

04-19). In force since 1 January 2018.

22 Version according to Act of 26 February 2018 (OS 74, 513; ABI 2017-06-30). In force

since 1 November 2019.

23 Repealed by the Law on Reporting and Resident Registers

of 11 May 2015 (OS 70, 407; ABI 2014-10-31). In force since 1 January 2021.

24 Version according to Children and Youth Home Act of 27 November 2017 (OS

74, 322; ABI 2015-08-28). In force since 1 January 2022 (OS 76, 622).

1. 1. 22-115

19

232.3

Appendix 2

EG KESR

1. Municipal Act (GG) of 6 June 1926 (LS 131.1): ...17

2. Law on Political Rights (GPR) of 1 September

2003 (LS 161): ...17

3. Liability Act of 14 September 1969 (LS 170.1): ...17

4.3 Administrative Justice Act (VRG) of 24 May 1959

(LS 175.2): ...17

5. Law on the Organisation of Courts and Authorities in Civil

and Criminal Proceedings (GOG) of 10 May 2010 (LS 211.1): ...17

6. Introductory Law to the Swiss Civil Code (EG

to the ZGB) of 2 April 1911 (LS 230): ...17

7. Protection against Violence Act (GSG) of 19 June 2006 (LS 351): ...17

8. Police Act (PolG) of 23 April 2007 (LS 550.1): ...17

9. Tax Act (StG) of 8 June 1997 (LS 631.1): ...17

10. Patients' Act of 5 April 2004

(LS 813.13): ...17

11. Law on Supplementary Benefits to the Federal Old Age,

Survivors' and Disability Insurance (Supplementary Benefits

Act; ZLG) of 7 February 1971 (LS 831.3): ...17

12. Social Assistance Act (SHG) of 14 June 1981 (LS 851.1): ...17

13. Children and Youth Welfare Act (KJHG) of 14 March 2011

(LS 852.1): ...17

14. Youth Welfare Act of 14 June 1981: ...17

15. Law on Hunting and Bird Protection of 12 May 1929

(LS 922.1): ...17

16. Law on Fisheries of 5 December 1976 (LS 923.1): ...17

20

289, 293, 328 and 329 CC as well as according to the provisions

of the Social Assistance Act of June 14, 198110. Further provisions in

other laws remain reserved.

B. Adult Persons