Jugement Kantonsgericht (VD - 2020/125)

Canton:	VD
Case number:	2020/125

Instance:	Kantonsgericht
Department:	Chambre des curatelles

Kantonsgericht Entscheid 2020/125 vom 04.03.2020 (VD)

Date:	04.03.2020
Force of law:	-

Summary:	E.________, a Swiss citizen, opposes the decision of the Justice of the Peace of the district of Jura-Nord vaudois of January 16, 2020. The justice of the Peace had declared E.________ incapable of judgment and ordered a guardian for him. E.________ considers that he is capable of judgment and that the order of a guardian is disproportionate. The Cantonal Court shares the view of E.________ and annuls the decision of the justice of the Peace. E.________ is thus able to judge again and can regulate his affairs himself. More detailed summary In the judgment of 4 March 2020, the Cantonal Court of Vaud annulled the decision of the Justice of the Peace of the Jura-Nord vaudois district of 16 January 2020. In the first instance, Justice of the Peace E.________, a Swiss citizen, had declared him incapable of judgment and ordered him a guardian. E.________ appealed against this decision and appealed to the Cantonal Court. The Cantonal Court approved the appeal of E.________. The court has found that E.________ suffers from a mental illness, but that he is still capable of judgement. The order of a guardian was therefore disproportionate. With the verdict of the Cantonal Court, E.________ is again capable of judgment and can regulate his affairs himself. Justification of the decision The Cantonal Court based its decision on the following grounds: E.________ has shown in the proceedings before the Cantonal Court that he is able to understand and assess his affairs. He has expressed himself comprehensively on the allegations against him and has also been able to comment on the legal situation. In her decision, the justice of the Peace had not taken sufficient account of the fact that E.________ suffers from a mental illness, which is, however, well treatable. The order of a guardian would be a serious restriction of his self-determination for E.________. Consequences of the verdict The ruling of the Cantonal Court has far-reaching consequences for E.________. He is now able to judge again and can manage his own affairs. This means that he will again be able to dispose of his assets and conclude contracts. He is also again entitled to live independently and make decisions about his person. The ruling also has significance for the practice of the guardianship courts in Switzerland. It shows that the order of a guardian is permissible only if it is possible to clearly establish the incapacity for judgment of the person concerned.
Rule of Law:	Art. 100 LTF;Art. 229 CPC;Art. 317 CPC;Art. 390 CC;Art. 394 CC;Art. 395 CC;Art. 426 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:	Spühler, Schweizer, Basler Kommentar Schweizerische Zivilprozessordnung, Art.320 ZPO, 2017

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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