Jugement Kantonsgericht (VD - 2020/229)

Canton:	VD
Case number:	2020/229

Instance:	Kantonsgericht
Department:	Chambre des curatelles

Kantonsgericht Entscheid 2020/229 vom 10.03.2020 (VD)

Date:	10.03.2020
Force of law:	-

Summary:	W.________, a resident of Lausanne, appealed against a decision of the Justice of the Peace of the District of Lausanne. The justice of the Peace had declared W.________ unfit for business and appointed a guardian. W.________ argued that he was not legally incompetent. The Cantonal Court granted W.________s appeal and annulled the Justice of the Peace's decision. W.________ is now legally capable again. More detailed summary: On 10 March 2020, the Cantonal Court of Vaud issued a judgment annulling the decision of the Justice of the Peace of the District of Lausanne to declare W.________ as legally incapable and to appoint a guardian. W._______ had appealed against the decision, arguing that he was not legally incompetent. He was able to manage and decide his own affairs. The Cantonal Court granted W.________s appeal and concluded that the Justice of the Peace had not sufficiently substantiated why W._________ was legally incapable. The court ordered that the decision of the justice of the Peace be annulled and W.________ is legally capable again. The verdict is an important precedent, as it shows that the cantonal Court carefully reviews the decision of a justice of the peace to declare a person legally incompetent.
Rule of Law:	Art. 100 BGG;Art. 124 ZPO;Art. 132 ZPO;Art. 219 ZPO;Art. 229 ZPO;Art. 311 ZPO;Art. 317 ZPO;Art. 319 ZPO;Art. 321 ZPO;Art. 446 ZGB;Art. 450 ZGB;Art. 450a ZGB;Art. 450b ZGB;Art. 450c ZGB;Art. 450f ZGB;Art. 59 ZPO;Art. 76 BGG;
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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