KESR-ABC

 
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Lasting power of attorney («Vorsorgeauftrag»)

If a person can no longer care for themselves as a result of an accident or serious illness and becomes incapable of judgement, they are dependent on outside help. With an advance care directive, they can decide in advance who should represent them in the event of their own incapacity to make judgements. They can appoint someone to represent them in their personal and property care, while another person takes over legal matters.

Personal care includes the protection of the physical and mental well-being of the person concerned. The area of property care, on the other hand, concerns responsibility for assets. This includes covering living expenses and paying bills. Legal affairs, on the other hand, describes representation vis-à-vis authorities and offices. The advance care directive must be confirmed by the KESB as the person becomes incapable of judgement in order to be legally binding.

Limitation period («Verjährung»)

If the KESB or the deputy behaves unlawfully and someone is harmed as a result, the person concerned is entitled to compensation. However, it is not the member of the authority or the counsellor who is liable, but the state. The claim for compensation is subject to a time limit: It expires three years after the day on which the person concerned becomes aware of the damage or ten years after the damaging act (Art. 60 ZGB).

Liquidation of the household («Liquidation des Haushaltes»)

When a person enters a care home, they cannot take all their household effects with them. The person providing assistance can either let interested relatives use their furniture or pictures. Or, if the person concerned is dependent on the money, the deputy can sell parts of the household effects. This means that they can sell the items, such as furniture or pictures, to relatives, for example, or offer them via an advert or a platform or have them publicly auctioned. As far as possible, the person providing assistance should involve the person concerned and, particularly in the case of items with family significance, the relatives as well.

Local Jurisdiction («Zuständigkeiten»)

If the person concerned urgently needs support, the KESB orders measures for them at their place of residence (Art. 315 ZGB, Art. 444 ZGB). A three-member panel of the specialised authority makes the relevant decisions, reviews them and cancels them as required. The authority is then responsible for as long as a deputyship has to be maintained, for example. If the persons concerned move, the proceedings are transferred to the new competent authority after a certain period of time. In principle, the KESB is responsible for child and adult protection measures. If, for example, proceedings under matrimonial law are already pending, the competent court must first be called upon to provide the necessary assistance (transfer of competence, 315 a ZGB).

KESCHA
Dörflistrasse 50
8050 Zurich

nfkschch

Consultations by telephone only
+41 44 273 96 96

Opening hours

Monday - Thursday

09.00 - 11.30 a.m.

14.00 - 16.30


Friday


14.00 - 16.30