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Jugement Kantonsgericht (VD - 2020/455)


Canton:VD
Case number:2020/455
Instance:Kantonsgericht
Department:Chambre des curatelles
Kantonsgericht Entscheid 2020/455 vom 02.06.2020 (VD)
Date:02.06.2020
Force of law:-
Summary:The plaintiff J.________, who is in [...], filed an appeal against a decision of the Justice of the Peace of the Nyon district of December 12, 2019. In this decision, the justice of the peace had rejected the appointment of a guardian for J.________. The plaintiff argued that he was unable to manage his own affairs due to mental illness. The Cantonal Court granted the appeal and ordered the appointment of a guardian. The Cantonal Court has ruled that J.________ is limited in his ability to judge due to his mental illness. More detailed summary: The plaintiff J.________, who is in [...], is limited in his ability to judge due to a mental illness. He is not able to manage his own affairs. In the decision of December 12, 2019, the justice of the Peace had rejected the appointment of a guardian for J.________. He found that J.________ was able to manage his own affairs. The plaintiff appealed against this decision. He argued that the justice of the peace did not correctly assess his situation. The Cantonal Court granted the appeal and ordered the appointment of a guardian. The Cantonal Court has ruled that J.________ is limited in his ability to judge due to his mental illness. Justification of the decision of the Cantonal Court: The Cantonal Court based its decision on the following grounds: J.________ has self-harmed several times in the past. He has difficulty managing his finances. He is not able to arrange and attend his doctor's appointments. The Cantonal Court has found that J.________ is limited in his ability to judge due to these circumstances. He is not able to manage his own affairs. Therefore, the appointment of a guardian is necessary to protect J.________.
Rule of Law:Art. 100 LTF;Art. 107 CPC;Art. 110 CPC;Art. 119 CPC;Art. 122 CPC;Art. 123 CPC;Art. 319 CPC;Art. 321 CPC;Art. 450 CC;Art. 450b CC;Art. 450d CC;Art. 450f CC;Art. 64 LTF;Art. 96 CPC;
BGE reference::-
Comment:
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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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