Jugement Kantonsgericht (VD - 2020/231)

Canton:	VD
Case number:	2020/231

Instance:	Kantonsgericht
Department:	Chambre des curatelles

Kantonsgericht Entscheid 2020/231 vom 18.03.2020 (VD)

Date:	18.03.2020
Force of law:	-

Summary:	A.M. and B.M. filed an appeal against the decision of the Justice of the Peace of the Broye-Vully district of January 29, 2020. The justice of the peace had ordered an assistance for A.M. and B.M. The spouses M. complained that the assistance was too broad. The Cantonal Court accepted the appeal and annulled the assistance. The court found that the spouses M. were still able to take care of their affairs on their own. More detailed summary A.M. and B.M., a married couple from the Canton of Fribourg, filed an appeal against the decision of the Justice of the Peace of the district of Broye-Vully of January 29, 2020. The justice of the peace had ordered an assistance for the spouses, as he considered that they were no longer able to take care of their affairs themselves due to their state of health. In the appeal, the spouses M. complained that the assistance was too broad. They believed that they were still able to take care of their own affairs. The Cantonal Court accepted the appeal and annulled the assistance. The court found that the spouses M. were still able to take care of their affairs on their own. The court took into account, among other things, that the spouses M. had a good understanding of their situation and that they were able to make their decisions independently. The judgment is an important precedent, as it shows that the courts also take into account the self-determination rights of the persons concerned when ordering an assistance.
Rule of Law:	Art. 100 LTF;Art. 2 CC;Art. 229 CPC;Art. 317 CPC;Art. 398 CC;Art. 399 CC;Art. 446 CC;Art. 447 CC;Art. 450 CC;Art. 450a CC;Art. 450b CC;Art. 450d 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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