Ordinance on Compensation and Reimbursement of Expenses in Guardianship Matters (OCRG) (ESBV)

Subject matter of compensation and expenses

This Ordinance regulates the compensation and reimbursement of expenses for the management of a guardianship by guardians in accordance with § 15 EG KESR.

### The KESB determines the remuneration and expense reimbursement as a lump sum, generally after the two-year reporting period has ended. When determining the remuneration, it takes into account a shorter reporting period as appropriate.

a. General

b. Criteria of the

1. When determining remuneration, the Child and Adult Protection Authority (KESB) considers

a. the time required for managing the guardianship, and

b. the complexity of implementing the measures and the responsibility associated therewith.

2. The following criteria are particularly relevant

a. the type of guardianship and the assigned areas of responsibility,

b. the personal circumstances of the person concerned,

c. the amount of assets and income to be managed, as well as the complexity of the financial circumstances,

d. the administrative effort,

e. the need for legal clarification,

f. the involvement of third parties.

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232.35 Ordinance on Remuneration and Reimbursement of Expenses for Guardianships (ESBV)

c. Remuneration Framework

The APPS determines the compensation within the following framework

Time spent / Difficulty / Responsibility | Compensation for two years

------------------------------------------|-------------------------------

low | CHF 1,000 to CHF 2,000

medium | CHF 2,001 to CHF 8,000

high | CHF 8,001 to CHF 15,000

extraordinarily high | CHF 15,001 to CHF 25,000

Compensation based on time spent

1 If special expertise is required for the administration of the guardianship, the KESB orders the compensation of the guardian based on the time spent.

2 When ordering the guardianship or when adapting it to changed circumstances, the KESB particularly determines

a. the areas of activity in which the guardian is compensated based on time spent,

b. the hourly rate,

c. the billing period.

3 The hourly rate according to para. 2 lit. b shall be based on industry-standard rates.

4 The guardian shall indicate the date, the time spent, and the type of activities in the invoice.

Cost Bearing

by the

Public Authority

1 The KESB imposes compensation and reimbursement of expenses on the

municipality according to § 22 para. 1 EG KESR, if the taxable assets

fall below the following values

a. CHF 25,000 for single persons,

b. CHF 40,000 for married couples and registered partners.

2 In justified cases, it may deviate from this.

3 The person concerned must disclose their income and asset

circumstances and comment on their evidence.

Guardians

according to

Art. 449a and

314a to ZGB

mäss Art. 449a and 314abis CC4 is governed by § 5.

2 Reimbursement of expenses is governed by § 21 para. 2 EG KESR.

3 Compensation and reimbursement of expenses are imposed according to § 60 para. 5

EG KESR. The bearing of costs by the municipality according to

Compensation and Reimbursement of Expenses are governed by:** **Transitional Provision

a. this Ordinance for the activity of guardians and trustees from January 1, 2013,

b. previous law for the activity until December 31, 2012.

1 OS 67, 475; for justification, see ABI 2012-10-12.

2 Entry into force: January 1, 2013.

3 LS 232.3.

4 SR 210.

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EG KESR is excluded.

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Compensation and Reimbursement of Expenses in Guardianships (ESBV)

232.35