Jugement Kantonsgericht (VD - 2020/303)

Canton:	VD
Case number:	2020/303

Instance:	Kantonsgericht
Department:	Chambre des curatelles

Kantonsgericht Entscheid 2020/303 vom 30.03.2020 (VD)

Date:	30.03.2020
Force of law:	-

Summary:	The Cantonal Court of Vaud has annulled the decision of the Justice of the Peace of the Riviera-Pays-dEnhaut district, who had placed X.________ under comprehensive assistance. The court found that X.________ is not incapable of judgment and that the appointment of an assistant is not necessary. The court stated that X.________ is able to manage his affairs on his own and that he is not in danger of suffering harm. The court rejected the appeal of X.________ against the decision of the justice of the Peace well. The court ordered the cancellation of the assistance. Detailed Summary: X.________, a 62-year-old man, had filed an appeal against the decision of the Justice of the Peace of the Riviera-Pays-dEnhaut district, which had placed him under comprehensive assistance. The justice of the peace had made the decision on the basis of a psychiatric expertise, which came to the conclusion that X.________ is incapable of judgment. The Cantonal Court of Vaud overturned the decision of the Justice of the Peace. The court found that X.________ is not incapable of judgment and that the appointment of an assistant is not necessary. The court stated that X.________ is able to manage his affairs on his own and that he is not in danger of suffering harm. The court approved the appeal of X.________ against the decision of the justice of the Peace and ordered the annulment of the assistance. More details: The Cantonal Court of Vaud based its decision on the fact that the psychiatric expertise was not sufficient to determine the incapacity of X.________. The court stated that the expertise did not take into account that X.________ is able to master his everyday life and that he takes care of his finances. The court came to the conclusion that X.________ is able to manage his affairs on his own and that he is not in danger of suffering harm. The Court based its decision on the following findings:: X.________ is able to make his own decisions. X.________ is able to manage his affairs without him suffering any damage in the process. X.________ is able to take care of his finances. Effects of the decision: The decision of the Cantonal Court of Vaud means that X.________ can again determine his own affairs. He is no longer obliged to have an assistant. The decision is an important step for the self-determination of people with mental illnesses. He shows that people with mental illnesses are not automatically incapable of judgment and that in many cases they are able to regulate their lives themselves.
Rule of Law:	Art. 100 BGG;Art. 394 ZGB;Art. 395 ZGB;Art. 431 ZGB;Art. 450c ZGB;Art. 450f ZGB;Art. 59 ZPO;Art. 60 ZPO;
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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