Jugement Kantonsgericht (VD - 2019/1119)

Canton:	VD
Case number:	2019/1119

Instance:	Kantonsgericht
Department:	Chambre des curatelles

Kantonsgericht Entscheid 2019/1119 vom 06.04.2020 (VD)

Date:	06.04.2020
Force of law:	-

Summary:	I.________, a resident of Montreux, had appealed against a decision of the Justice of the Peace of the Riviera-Pays-dEnhaut district. The justice of the Peace had placed I.________ under care because he suffers from a mental illness. The Cantonal Court approved the appeal of I.________. The court found that the justice of the Peace did not sufficiently check whether I.________ is able to take care of his affairs on his own. The Cantonal Court has rejected the matter to the Justice of the Peace so that she makes a new decision. More detailed summary: I.________, a 60-year-old man from Montreux, was suffering from a mental illness. He had lost his apartment and was housed in a psychiatric hospital. The Justice of the Peace of the Riviera-Pays-dEnhaut district had placed I.________ under supervision. I.________ did not agree with this and appealed. The Cantonal Court approved the appeal of I.________. The court found that the justice of the Peace did not sufficiently check whether I.________ is able to take care of his affairs on his own. The justice of the peace had only relied on the statements of I.________s psychiatrist. She had not tried to question other people who know I.________. The Cantonal Court has rejected the matter to the Justice of the Peace so that she makes a new decision. The Justice of the Peace must now make further clarifications in order to determine whether I.________ is able to take care of his affairs himself. Explaination: Articles 426 and 437 CC are the legal basis for accommodation under supervision. The Justice of the Peace is responsible for the arrangement of care. The Cantonal Court is the final authority in civil litigation. I hope this summary is helpful.
Rule of Law:	Art. 100 LTF;Art. 229 CPC;Art. 317 CPC;Art. 390 CC;Art. 426 CC;Art. 437 CC;Art. 439 CC;Art. 446 CC;Art. 447 CC;Art. 450 CC;Art. 450a CC;Art. 450b CC;Art. 450d CC;Art. 450e CC;Art. 450f CC;Art. 492 CPC;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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