¹ An as­sist­ance deputy­ship is es­tab­lished with the con­sent of the per­son in need if he or she needs as­sist­ance in or­der to deal with cer­tain mat­ters.

² The as­sist­ance deputy­ship does not lim­it the ca­pa­city of the cli­ent to act.

¹ A rep­res­ent­at­ive deputy­ship is es­tab­lished if the per­son in need is un­able to deal with cer­tain mat­ters and there­fore must be rep­res­en­ted.

² The adult pro­tec­tion au­thor­ity may lim­it the ca­pa­city of the cli­ent to act ac­cord­ingly.

³ Even if his or her ca­pa­city to act has not been lim­ited, the cli­ent is bound by the acts of the deputy.

¹ If the adult pro­tec­tion au­thor­ity es­tab­lishes a rep­res­ent­at­ive deputy­ship to man­age as­sets, it shall spe­cify the as­sets to be man­aged by the deputy. It may make all or part of the in­come, all or part of the cap­it­al or all or part of the in­come and cap­it­al sub­ject to the deputy's man­age­ment.

² The man­age­ment powers also cov­er sav­ings from the man­aged in­come or the rev­en­ue from the man­aged cap­it­al un­less the adult pro­tec­tion au­thor­ity provides oth­er­wise.

³ Without lim­it­ing the ca­pa­city of the cli­ent to act, the adult pro­tec­tion au­thor­ity may pro­hib­it him or her from ac­cess­ing in­di­vidu­al as­sets.

⁴ …⁴⁹²

¹ An ad­vis­ory deputy­ship shall be es­tab­lished if the cli­ent re­quires for his or her own pro­tec­tion that cer­tain acts be made sub­ject to the con­sent of the deputy.

² The cli­ent's ca­pa­city to act shall thus be lim­ited ac­cord­ingly by law.

As­sist­ance, rep­res­ent­at­ive and ad­vis­ory deputy­ships may be com­bined with each oth­er.

¹ A gen­er­al deputy­ship is es­tab­lished if a per­son, in par­tic­u­lar due to per­man­ent loss of ca­pa­city of judge­ment, is in par­tic­u­lar need.

² It cov­ers all as­pects of per­son­al care, man­age­ment of as­sets and leg­al mat­ters.

³ The cli­ent's ca­pa­city to act is re­voked by law.

¹ The deputy­ship ends by law on the death of the cli­ent.

² The adult pro­tec­tion au­thor­ity shall ter­min­ate a deputy­ship at the re­quest of the cli­ent or of a closely as­so­ci­ated per­son or ex of­fi­cio as soon as there is no reas­on for it to con­tin­ue.

¹ The adult pro­tec­tion au­thor­ity shall ap­point as deputy a nat­ur­al per­son who has the per­son­al aptitude and know­ledge to carry out the planned tasks, who has the time re­quired to do so and who can carry out the tasks in per­son. Where cir­cum­stances re­quire, it may ap­point two or more per­sons.

² The per­son may only be ap­poin­ted with their con­sent.⁴⁹³

³ The adult pro­tec­tion au­thor­ity shall en­sure that the deputy re­ceives the in­struc­tions, ad­vice and sup­port that he or she re­quires

¹ If the cli­ent pro­poses someone as his or her deputy, the adult pro­tec­tion au­thor­ity shall agree to the pro­pos­al provided the per­son pro­posed is suit­able and is pre­pared to ac­cept the deputy­ship

² It shall if pos­sible take ac­count of the wishes of fam­ily mem­bers or oth­er closely as­so­ci­ated per­sons.

³ If the cli­ent re­jects a spe­cif­ic per­son as the deputy, the adult pro­tec­tion au­thor­ity shall re­spect this wish provided it is reas­on­able.

¹ If the adult pro­tec­tion au­thor­ity ap­points two or more per­sons as depu­ties, it shall spe­cify wheth­er their tasks should be car­ried out jointly or who is re­spons­ible for which tasks.

² Two or more depu­ties may be re­quired to carry out their tasks jointly only if they agree to do so.

¹ If the deputy is un­able to act or if the deputy's in­terests con­flict with those of the cli­ent, the adult pro­tec­tion au­thor­ity shall ap­point a sub­sti­tute deputy or reg­u­late the mat­ter it­self.

² In the event of a con­flict of in­terests, the powers of the deputy cease to ap­ply by law in the rel­ev­ant mat­ter.

¹ The deputy is en­titled to ap­pro­pri­ate re­mu­ner­a­tion and to the re­im­burse­ment of ne­ces­sary ex­penses from the as­sets of the cli­ent. In the case of pro­fes­sion­al depu­ties, the re­mu­ner­a­tion is paid and ex­penses re­im­bursed by the em­ploy­er.

² The adult pro­tec­tion au­thor­ity de­term­ines the level of re­mu­ner­a­tion. It takes ac­count in par­tic­u­lar of the ex­tent and the com­plex­ity of the tasks as­signed to the deputy.

³ The can­tons shall is­sue im­ple­ment­ing pro­vi­sions and rules on re­mu­ner­a­tion and re­im­burs­ing ex­penses if they can­not be paid out of the as­sets of the cli­ent.

¹ The deputy shall ob­tain the in­form­a­tion re­quired to ful­fil his or her tasks and shall make per­son­al con­tact with the cli­ent.

² If the deputy­ship in­volves as­set man­age­ment, the deputy shall im­me­di­ately make an in­vent­ory of the as­sets to be man­aged in co­oper­a­tion with the adult pro­tec­tion au­thor­ity.

³ If jus­ti­fied in the cir­cum­stances, the adult pro­tec­tion au­thor­ity may or­der a pub­lic in­vent­ory to be made. This has the same ef­fect for cred­it­ors as a pub­lic in­vent­ory un­der the law of suc­ces­sion.

⁴ Third parties are ob­liged to provide all the in­form­a­tion re­quired for the in­vent­ory to be made.

¹ The deputy shall carry out his or her tasks in the in­terests of the cli­ent, take ac­count of the cli­ent's opin­ions, where pos­sible, and re­spect the cli­ent's de­sire to or­gan­ise his or her life in a way that cor­res­ponds to his or her abil­it­ies and ac­cords with his or her wishes and ideas.

² The deputy shall try to de­vel­op a re­la­tion­ship of mu­tu­al trust with the cli­ent and to pre­vent any de­teri­or­a­tion in the cli­ent's de­bil­ity or to re­duce the ef­fect there­of.

Even if his or her ca­pa­city to act has been re­voked, a cli­ent who is cap­able of judge­ment may through his or her own acts es­tab­lish rights and ob­lig­a­tions un­der the law of per­sons, and ex­er­cise strictly per­son­al rights.

¹ The deputy shall man­age the as­sets with due care and carry out all the leg­al acts con­nec­ted with their man­age­ment.

² In par­tic­u­lar the deputy may:

1.

ac­cept pay­ments due to the cli­ent by third parties thus dis­char­ging their ob­lig­a­tions;

2.

pay debts where ap­pro­pri­ate;

3.

rep­res­ent the cli­ent in at­tend­ing to his or her every­day needs, if ne­ces­sary.

³ The Fed­er­al Coun­cil shall is­sue pro­vi­sions on the in­vest­ment and safe cus­tody of as­sets.

The deputy shall provide the cli­ent with an al­low­ance from the cli­ent's as­sets which the cli­ent is free to spend.

¹ The deputy shall keep ac­counts and sub­mit them to the adult pro­tec­tion au­thor­ity for ap­prov­al at reg­u­lar in­ter­vals spe­cified by the au­thor­ity, and at least every two years.

² The deputy shall ex­plain the ac­counts to the cli­ent and provide him or her with a copy on re­quest.

¹ The deputy shall sub­mit a re­port on the cli­ent's situ­ation and the deputy­ship to the adult pro­tec­tion au­thor­ity as of­ten as ne­ces­sary, but at least every two years.

² The deputy shall if pos­sible con­sult the cli­ent when pre­par­ing the re­port and provide the cli­ent with a copy re­quest.

¹ The deputy may not provide any fin­an­cial guar­an­tees, es­tab­lish any found­a­tions or make gifts on be­half of the cli­ent, with the ex­cep­tion of cus­tom­ary oc­ca­sion­al gifts.

² As­sets that are of spe­cial value to the cli­ent or his or her fam­ily shall not be dis­posed of if pos­sible.

¹ In ful­filling his or her tasks, the deputy shall have the same duty of care as an agent un­der the pro­vi­sions of the Code of Ob­lig­a­tions⁴⁹⁴.

² The deputy­ship is sub­ject to a duty of con­fid­en­ti­al­ity un­less this is con­trary to over­rid­ing in­terests.

³ Third parties must be no­ti­fied of the ex­ist­ence of the deputy­ship provided this is re­quired for the deputy to duly ful­fil his or her tasks.

The deputy shall no­ti­fy the adult pro­tec­tion au­thor­ity im­me­di­ately of any cir­cum­stances that re­quire the meas­ure to be amended or make the ter­min­a­tion of the deputy­ship pos­sible.

¹ The adult pro­tec­tion au­thor­ity shall ex­am­ine the ac­counts and grant or re­fuse ap­prov­al there­of; if ne­ces­sary, they shall re­quire the ac­counts to be cor­rec­ted.

² It shall ex­am­ine the re­port and, if ne­ces­sary, re­quire it to be amended.

³ If ne­ces­sary, it shall take meas­ures to safe­guard the in­terests of the cli­ent ap­pro­pri­ately.

¹ The con­sent of the adult pro­tec­tion au­thor­ity is re­quired be­fore the deputy may carry out any of the fol­low­ing trans­ac­tions on be­half of the cli­ent:

1.

li­quid­a­tion of the house­hold, ter­min­at­ing the lease on a dwell­ing where the cli­ent lives;

2.

long-term con­tracts for the cli­ent's ac­com­mod­a­tion;

3.

ac­cept­ance or re­nun­ci­ation of a in­her­it­ance if an ex­press de­clar­a­tion is re­quired there­for, as well as con­tracts of suc­ces­sion and con­tracts di­vid­ing an es­tate;

4.

the ac­quis­i­tion, sale, pledge and oth­er bur­den­ing of im­mov­able prop­erty and the con­struc­tion of build­ings that goes bey­ond or­din­ary ad­min­is­trat­ive activ­it­ies;

5.

the ac­quis­i­tion, sale and pledge of oth­er as­sets and the cre­ation of a usu­fruct where such trans­ac­tions do not fall un­der the con­duct of or­din­ary ad­min­is­tra­tion and man­age­ment;

6.

the ac­cept­ance and grant­ing of sub­stan­tial loans, en­ter­ing in­to bill-of-ex­change-re­lated li­ab­il­it­ies;

7.

life an­nu­ity and life­time main­ten­ance agree­ments as well as life as­sur­ance, provided these do not form part of an oc­cu­pa­tion­al pen­sion in con­nec­tion with a con­tract of em­ploy­ment;

8.

the takeover or li­quid­a­tion of a busi­ness, in­volve­ment in a com­pany with per­son­al li­ab­il­ity or a sub­stan­tial cap­it­al par­ti­cip­a­tion;

9.

de­clar­a­tion of in­ab­il­ity to pay, con­duct of leg­al pro­ceed­ings, con­clu­sion of a set­tle­ment, an ar­bit­ra­tion agree­ment or a com­pos­i­tion agree­ment, sub­ject to the re­ser­va­tion of pro­vi­sion­al meas­ures by the deputy in cases of ur­gency.

² The adult pro­tec­tion au­thor­ity's con­sent is not re­quired if a cli­ent who is cap­able of judge­ment grants his or her con­sent and his or her ca­pa­city to act is not lim­ited by the deputy­ship.

³ Con­tracts between the deputy and the cli­ent shall al­ways re­quire the adult pro­tec­tion au­thor­ity's con­sent oth­er than in the case of as­sign­ments is­sued by the cli­ent that do not in­volve the pay­ment of a fee.

The adult pro­tec­tion au­thor­ity may for good cause or­der that oth­er trans­ac­tions should re­quire its con­sent.

If a trans­ac­tion has been entered in­to without the re­quired con­sent of the adult pro­tec­tion au­thor­ity, this shall only af­fect the cli­ent to the ex­tent provided for un­der the pro­vi­sions of the law of per­sons on lack of con­sent from a leg­al rep­res­ent­at­ive.

The cli­ent, a closely re­lated per­son or any per­son with a le­git­im­ate in­terest may call on the adult pro­tec­tion au­thor­ity to in­ter­vene in re­la­tion to acts or omis­sions by the deputy or by a third party or agency to which the adult pro­tec­tion au­thor­ity has is­sued an as­sign­ment.

If the cli­ent's spouse, re­gistered part­ner, par­ents, is­sue, sib­ling, or de facto life part­ner is ap­poin­ted deputy, the adult pro­tec­tion au­thor­ity may wholly or partly ab­solve the deputy of the ob­lig­a­tions to pre­pare an in­vent­ory, sub­mit reg­u­lar re­ports and ac­counts, and ob­tain con­sent for spe­cif­ic trans­ac­tion if this is jus­ti­fied by the cir­cum­stances.

The of­fice of deputy ter­min­ates by law:

1.

on ex­piry of a term of of­fice set by the adult pro­tec­tion au­thor­ity, un­less the deputy is con­firmed in of­fice;

2.

with the end of the deputy­ship;

3.

with ter­min­a­tion of em­ploy­ment as a pro­fes­sion­al deputy;

4.

in the event that the deputy is made sub­ject to a deputy­ship, be­comes in­cap­able of judge­ment, or dies.

¹ The deputy may re­quest to be dis­charged at the earli­est after serving a term of four years.

² Pri­or to this, the deputy may re­quest to be dis­charged for good cause.

¹ The adult pro­tec­tion au­thor­ity shall dis­charge the deputy if:

1.

he or she is no longer suit­able to carry out the tasks;

2.

there is oth­er good cause for his or her dis­charge.

² The cli­ent or a closely as­so­ci­ated per­son may re­quest that the deputy be dis­charged.

The deputy must con­tin­ue with trans­ac­tions that can­not be post­poned un­til a suc­cessor takes over of­fice, un­less the adult pro­tec­tion au­thor­ity or­ders oth­er­wise. This pro­vi­sion does not ap­ply to a pro­fes­sion­al deputy.

¹ When the term of of­fice ends, the deputy shall sub­mit a fi­nal re­port to the adult pro­tec­tion au­thor­ity and if ap­plic­able file the fi­nal ac­counts. The adult pro­tec­tion au­thor­ity may waive this re­quire­ment for pro­fes­sion­al depu­ties if the em­ploy­ment re­la­tion­ship ends.

² The adult pro­tec­tion au­thor­ity shall ex­am­ine and ap­prove the fi­nal re­port and the fi­nal ac­counts in the same way as the reg­u­lar re­ports and ac­counts.

³ It shall pass on the fi­nal re­port and fi­nal ac­counts to the cli­ent or his or her heirs and if ap­plic­able to the new deputy and shall at the same time draw the at­ten­tion of these per­sons to the pro­vi­sions on ac­count­ab­il­ity.

⁴ It shall also in­form them wheth­er it ex­on­er­ated the deputy or re­fused to ap­prove the fi­nal re­port or the fi­nal ac­counts.

¹ A per­son suf­fer­ing from a men­tal dis­order or men­tal dis­ab­il­ity or ser­i­ous neg­lect (the pa­tient) may be com­mit­ted to an ap­pro­pri­ate in­sti­tu­tion if the re­quired treat­ment or care can­not be provided oth­er­wise.

² The bur­den that the pa­tient places on fam­ily mem­bers and third parties and their pro­tec­tion must be taken in­to ac­count.

³ The pa­tient shall be dis­charged as soon as the re­quire­ments for hos­pit­al­isa­tion no longer are ful­filled.

⁴ The pa­tient or a closely re­lated per­son may re­quest his or her dis­charge at any time. A de­cision must be made on the re­quest im­me­di­ately.

¹ If a per­son suf­fer­ing from a men­tal dis­order who has entered an in­sti­tu­tion vol­un­tar­ily wishes to leave the in­sti­tu­tion, he or she may be de­tained by the in­sti­tu­tion's med­ic­al man­age­ment for a max­im­um of three days if he or she:

1.

is a risk to his or her own life or limb; or

2.

is a ser­i­ous risk to the life or the phys­ic­al in­teg­rity of oth­ers.

² At the end of the three-day peri­od, the pa­tient may leave the in­sti­tu­tion un­less he or she is sub­ject to an en­force­able hos­pit­al­isa­tion or­der.

³ The pa­tient shall be no­ti­fied in writ­ing that he or she may pe­ti­tion the court.

¹ The adult pro­tec­tion au­thor­ity is re­spons­ible for or­der­ing hos­pit­al­isa­tion and dis­charge.

² In spe­cif­ic cases, it may del­eg­ate re­spons­ib­il­ity for dis­charge to the in­sti­tu­tion.

¹ The can­tons may des­ig­nate doc­tors who in ad­di­tion to the adult pro­tec­tion au­thor­ity are au­thor­ised to or­der hos­pit­al­isa­tion for a peri­od spe­cified by can­ton­al law. The peri­od may not ex­ceed six weeks.

² Hos­pit­al­isa­tion may not con­tin­ue bey­ond the spe­cified peri­od at the latest un­less an en­force­able hos­pit­al­isa­tion or­der from the adult pro­tec­tion au­thor­ity ap­plies.

³ The in­sti­tu­tion de­cides on dis­charge.

¹ The doc­tor shall ex­am­ine and in­ter­view the pa­tient in per­son.

² The hos­pit­al­isa­tion or­der shall con­tain at least the fol­low­ing in­form­a­tion:

1.

the place and date of the ex­am­in­a­tion;

2.

the name of the doc­tor;

3.

the dia­gnos­is, reas­ons there­for and the pur­pose of hos­pit­al­isa­tion;

4.

in­struc­tions on rights of ap­peal.

³ An ap­peal does not have sus­pens­ive ef­fect un­less the doc­tor or the com­pet­ent court or­ders oth­er­wise.

⁴ A copy of the hos­pit­al­isa­tion or­der shall be giv­en to the pa­tient; a fur­ther copy shall be giv­en to the in­sti­tu­tion on the pa­tient's ad­mis­sion.

⁵ The doc­tor shall, if pos­sible, no­ti­fy a per­son closely re­lated to the pa­tient in writ­ing on his or her com­mit­tal and on the rights of ap­peal.

¹ The adult pro­tec­tion au­thor­ity shall con­duct a re­view at the latest six months after hos­pit­al­isa­tion of wheth­er the re­quire­ments for hos­pit­al­isa­tion are still be­ing met and wheth­er the in­sti­tu­tion is still suit­able.

² It shall con­duct a second re­view with­in the fol­low­ing six months. There­after it shall con­duct a re­view as of­ten as ne­ces­sary, but at least once every year.

Any per­son com­mit­ted to an in­sti­tu­tion may ap­point a per­son that he or she trusts as a rep­res­ent­at­ive to sup­port him or her dur­ing his or her stay and un­til the con­clu­sion of all re­lated pro­ced­ures.

¹ If a per­son is com­mit­ted to an in­sti­tu­tion to be treated for a men­tal dis­order, the at­tend­ing doc­tor shall draw up writ­ten treat­ment plan in con­sulta­tion with the pa­tient and if ap­plic­able his or her au­thor­ised rep­res­ent­at­ive.

² The doc­tor shall in­form the pa­tient and the au­thor­ised rep­res­ent­at­ive of all mat­ters rel­ev­ant to the planned med­ic­al pro­ced­ures, and in par­tic­u­lar the reas­ons there­for, their pur­pose, nature, mod­al­it­ies, risks and side ef­fects, of the con­sequences of not un­der­go­ing treat­ment and of any al­tern­at­ive treat­ment op­tions.

³ The treat­ment plan shall be giv­en to the pa­tient so that he or she may con­sent. Where the pa­tient is in­cap­able of judge­ment, ac­count must be taken of any pa­tient de­cree.

⁴ The treat­ment plan is ad­jus­ted to take ac­count of pending de­vel­op­ments.

¹ In the ab­sence of the pa­tient's con­sent, the chief phys­i­cian in the de­part­ment may or­der in writ­ing the med­ic­al pro­ced­ures planned in the treat­ment plan if:

1.

fail­ure to carry out the treat­ment could lead to ser­i­ous dam­age to the pa­tient's health or ser­i­ously en­danger the life or the phys­ic­al in­teg­rity of third parties;

2.

the pa­tient is un­able to ex­er­cise judge­ment in re­la­tion to his or her need for treat­ment; and

3.

no ap­pro­pri­ate meas­ure is avail­able that is less in­vas­ive.

² Writ­ten no­tice of the or­der shall be giv­en to the pa­tient and his or her au­thor­ised rep­res­ent­at­ive to­geth­er with in­struc­tions on rights of ap­peal.

¹ In an emer­gency, es­sen­tial med­ic­al pro­ced­ures may be car­ried out im­me­di­ately to pro­tect the pa­tient or third parties.

² If the in­sti­tu­tion is aware how the per­son wishes to be treated, it shall take ac­count of those wishes.

¹ If there is a risk that the med­ic­al con­di­tion will re­cur, the at­tend­ing doc­tor shall at­tempt to agree with the cli­ent be­fore dis­charge on prin­ciples for treat­ment in the event that the pa­tient is com­mit­ted to the in­sti­tu­tion again.

² The pre-dis­charge in­ter­view must be doc­u­mented.

¹ The can­tons shall reg­u­late fol­low-up care.

² They may provide for out-pa­tient meas­ures.

Meas­ures re­strict­ing the pa­tient's free­dom of move­ment in the in­sti­tu­tion are gov­erned by the pro­vi­sions on re­strict­ing the free­dom of move­ment of pa­tients in res­id­en­tial or care in­sti­tu­tions mu­tatis mutandis. The right to ap­peal to the court is re­served.

¹ In the fol­low­ing cases, the pa­tient or a closely re­lated per­son may pe­ti­tion the com­pet­ent court in writ­ing:

1.

in cases of hos­pit­al­isa­tion ordered by a doc­tor;

2.

in cases where the pa­tient is de­tained by the in­sti­tu­tion;

3.

in cases where a re­quest for dis­charge is re­fused by the in­sti­tu­tion;

4.

in cases where a men­tal dis­order is treated without con­sent;

5.

in cases of meas­ures re­strict­ing free­dom of move­ment.

² The dead­line for ap­peal­ing to the court is ten days from the date on which no­tice of the de­cision is giv­en. In the case of meas­ures re­strict­ing free­dom of move­ment, an ap­peal may be made to the court at any time.

³ The pro­ced­ure is gov­erned mu­tatis mutandis by the pro­vi­sions on pro­ceed­ings be­fore a ju­di­cial ap­pel­late au­thor­ity.

⁴ An ap­plic­a­tion for ju­di­cial as­sess­ment must be passed on to the com­pet­ent court im­me­di­ately.

¹ The adult pro­tec­tion au­thor­ity is a spe­cial­ist au­thor­ity. It is ap­poin­ted by the can­tons.

² It has a quor­um of three mem­bers for tak­ing de­cisions. The can­tons may provide for ex­cep­tions for spe­cif­ic mat­ters.

³ It also car­ries out the tasks of the child pro­tec­tion au­thor­ity.

¹ The can­tons shall ap­point the su­per­vis­ory au­thor­it­ies.

² The Fed­er­al Coun­cil may is­sue pro­vi­sions on su­per­vi­sion.

¹ The adult pro­tec­tion au­thor­ity at the place of res­id­ence of the cli­ent has jur­is­dic­tion. In pending pro­ceed­ings, the same au­thor­ity re­tains jur­is­dic­tion un­til the case has been con­cluded.

² In ur­gent cases, the au­thor­ity where the cli­ent is ac­tu­ally resid­ing has jur­is­dic­tion. If this au­thor­ity car­ries out a meas­ure, it shall no­ti­fy the au­thor­ity in the cli­ent's nor­mal place of res­id­ence.

³ In the case of a deputy­ship due to ab­sence, the au­thor­ity at the place where the ma­jor­ity of the as­sets have been man­aged or have been trans­ferred to the cli­ent has jur­is­dic­tion.

⁴ The can­tons are en­titled to de­clare the au­thor­ity in the cli­ent's place of ori­gin rather than place of res­id­ence to have jur­is­dic­tion over cit­izens of the can­ton who are res­id­ent in the can­ton, provide the com­mune of ori­gin is wholly or partly re­spons­ible for sup­port­ing per­sons in need.

⁵ If a per­son sub­ject to a meas­ure changes place of res­id­ence, the au­thor­ity at the new place shall take re­spons­ib­il­ity for the meas­ure im­me­di­ately, un­less there is good cause for not do­ing so.

¹ Any per­son may no­ti­fy the adult pro­tec­tion au­thor­ity if a per­son ap­pears to be in need of as­sist­ance. The pro­vi­sions on pro­fes­sion­al con­fid­en­ti­al­ity are re­served.

² Any per­son who while act­ing in an of­fi­cial ca­pa­city learns that a per­son needs as­sist­ance and is un­able to provide this as­sist­ance in the con­text of their pro­fes­sion­al activ­it­ies is re­quired to no­ti­fy the adult pro­tec­tion au­thor­ity. The pro­vi­sions on pro­fes­sion­al con­fid­en­ti­al­ity re­main re­served.⁴⁹⁵

³ The can­tons may provide for fur­ther no­ti­fic­a­tion ob­lig­a­tions.⁴⁹⁶

¹ The adult pro­tec­tion au­thor­ity shall veri­fy its jur­is­dic­tion ex of­fi­cio.

² If it de­cides that it has no jur­is­dic­tion, it shall as­sign the case im­me­di­ately to the au­thor­ity that it re­gards as hav­ing jur­is­dic­tion.

³ If it is un­cer­tain as to wheth­er it has jur­is­dic­tion, it shall con­sult the au­thor­ity that it be­lieves may have jur­is­dic­tion.

⁴ If no agree­ment is reached after con­sulta­tion, the au­thor­ity ori­gin­ally in­volved shall refer the ques­tion of jur­is­dic­tion to the ap­pel­late au­thor­ity.

¹ The adult pro­tec­tion au­thor­ity shall at the re­quest of a per­son par­ti­cip­at­ing in the pro­ceed­ings or ex of­fi­cio take all the pre­cau­tion­ary meas­ures re­quired for the dur­a­tion of the pro­ceed­ings. It may in par­tic­u­lar or­der an adult pro­tec­tion meas­ure as a pre­cau­tion­ary meas­ure.

² In cases of par­tic­u­lar ur­gency, it may take pre­cau­tion­ary meas­ures im­me­di­ately without hear­ing the per­sons par­ti­cip­at­ing in the pro­ceed­ings. At the same time, it shall give these per­sons the op­por­tun­ity to ex­press their views, after which it shall re­view its de­cision.

³ An ap­peal against pre­cau­tion­ary meas­ures may be filed with­in ten days of no­tice there­of be­ing giv­en.

¹ The adult pro­tec­tion au­thor­ity in­vest­ig­ates the cir­cum­stances of the case ex of­fi­cio.

² It shall con­duct the re­quired en­quir­ies and gath­er the re­quired evid­ence. It may in­struct a suit­able per­son or agency to carry out en­quir­ies. If ne­ces­sary, it shall com­mis­sion an opin­ion from an ex­pert.

³ It is not lim­ited by the re­quests made by the per­sons par­ti­cip­at­ing in the pro­ceed­ings.

⁴ It shall ap­ply the law ex of­fi­cio.

¹ The cli­ent shall be heard in per­son un­less to do so ap­pears in­ap­pro­pri­ate.

² In a case in­volving care-re­lated hos­pit­al­isa­tion, the adult pro­tec­tion au­thor­ity shall nor­mally hear the cli­ent nor­mally as a pan­el.

¹ The per­sons par­ti­cip­at­ing in the pro­ceed­ings and third parties are ob­liged to co­oper­ate in the en­quir­ies in­to the cir­cum­stances. The adult pro­tec­tion au­thor­ity shall make the ar­range­ments re­quired to safe­guard le­git­im­ate in­terests. If ne­ces­sary, it shall or­der the en­force­ment of the duty to co­oper­ate.

² Doc­tors, dent­ists, phar­macists, mid­wives and birth as­sist­ants, chiro­pract­ors and psy­cho­lo­gists and their aux­il­i­ary per­son­nel are only ob­liged to co­oper­ate if the per­son en­titled to con­fid­en­ti­al­ity has au­thor­ised them to do so or if a su­per­i­or au­thor­ity or the su­per­vis­ory au­thor­ity has re­lieved them of the ob­lig­a­tion of pro­fes­sion­al con­fid­en­ti­al­ity at their own re­quest or at the re­quest of the adult pro­tec­tion au­thor­ity.⁴⁹⁷

³ Mem­bers of the clergy, law­yers, de­fence agents, me­di­at­ors and former wel­fare depu­ties ap­poin­ted in the case are not sub­ject to the ob­lig­a­tion to co­oper­ate.

⁴ Ad­min­is­trat­ive au­thor­it­ies and courts shall hand over the re­quired files, draw up re­ports and provide in­form­a­tion un­less le­git­im­ate in­terests re­quire oth­er­wise.

¹ If a psy­chi­at­ric as­sess­ment is es­sen­tial and can­not be car­ried out on an out-pa­tient basis, the adult pro­tec­tion au­thor­ity shall have the cli­ent ad­mit­ted to a suit­able in­sti­tu­tion for as­sess­ment.

² The pro­vi­sions on the pro­ced­ure for care-re­lated hos­pit­al­isa­tion ap­ply mu­tatis mutandis.

If ne­ces­sary, the adult pro­tec­tion au­thor­ity shall or­der that the cli­ent be rep­res­en­ted and ap­point a per­son ex­per­i­enced in care-re­lated and leg­al mat­ters as deputy.

¹ The per­sons par­ti­cip­at­ing in the pro­ceed­ings have the right to in­spect the case files, un­less le­git­im­ate in­terests re­quire oth­er­wise.

² If a per­son par­ti­cip­at­ing in the pro­ceed­ings is re­fused ac­cess to any case files, the in­form­a­tion therein may only be used in the pro­ceed­ings if the au­thor­ity dis­closes the con­tent rel­ev­ant to the case verbally or in writ­ing to the per­son con­cerned.

¹ The adult pro­tec­tion au­thor­ity shall im­me­di­ately no­ti­fy the fol­low­ing au­thor­it­ies of its de­cisions re­lat­ing to or­der­ing, amend­ing or re­vok­ing meas­ures as soon as such de­cisions are en­force­able:

1.

the civil re­gister of­fice if:

a.

the adult pro­tec­tion au­thor­ity has made a per­son sub­ject to a gen­er­al deputy­ship,

b.

the adult pro­tec­tion au­thor­ity has is­sued an or­der that makes the con­sent of the leg­al rep­res­ent­at­ive in ac­cord­ance with Art­icle 260 para­graph 2 ne­ces­sary, or

c.

an ad­vance care dir­ect­ive has be­come ef­fect­ive for a per­son per­man­ently lack­ing ca­pa­city of judge­ment;

2.

the com­mune of res­id­ence if:

a.

the adult pro­tec­tion au­thor­ity has made a per­son sub­ject to a deputy­ship, or

b.

an ad­vance care dir­ect­ive has be­come ef­fect­ive for a per­son per­man­ently lack­ing ca­pa­city of judg­ment;

3.

the debt en­force­ment of­fice at the dom­i­cile of the per­son con­cerned if:

a.

the adult pro­tec­tion au­thor­ity has es­tab­lished a guard­i­an­ship or a deputy­ship for a minor in ac­cord­ance with Art­icle 325,

b.

the adult pro­tec­tion au­thor­ity has es­tab­lished a deputy­ship for an adult which in­cludes powers to man­age as­sets or which re­vokes or re­stricts the ca­pa­city to act, or

c.

an ad­vance care dir­ect­ive has be­come ef­fect­ive for a per­son per­man­ently lack­ing ca­pa­city of judg­ment;

4.

the is­su­ing au­thor­ity in ac­cord­ance with the Iden­tity Doc­u­ments Act of 22 June 2001⁴⁹⁹ if the adult pro­tec­tion au­thor­ity:

a.

has es­tab­lished a guard­i­an­ship for a minor or re­stric­ted par­ent­al re­spons­ib­il­ity in re­la­tion to ap­ply­ing for the is­sue of an iden­tity doc­u­ment, or

b.

has es­tab­lished a deputy­ship for an adult that re­stricts ca­pa­city to act in re­la­tion to ap­ply­ing for the is­sue of an iden­tity doc­u­ment;

5.

the land re­gister of­fice as a re­quest for a nota­tion if the adult pro­tec­tion au­thor­ity has es­tab­lished a deputy­ship for a per­son which re­stricts or re­vokes that per­son’s ca­pa­city to dis­pose of im­mov­able prop­erty.

² In the event of a change in the adult pro­tec­tion au­thor­ity re­spons­ible, the new au­thor­ity shall be re­spons­ible for the rel­ev­ant no­ti­fic­a­tions.

¹ De­cisions of the adult pro­tec­tion au­thor­ity are sub­ject to a right of ap­peal to the com­pet­ent court.

² The fol­low­ing per­sons have a right of ap­peal:

1.

per­sons par­ti­cip­at­ing in the pro­ceed­ings;

2.

per­sons closely as­so­ci­ated with the cli­ent;

3.

per­sons with a le­git­im­ate in­terest in the con­tested de­cision be­ing re­versed or amended.

³ The ap­peal must be filed with the court in writ­ing and with a state­ment of the grounds.

¹ The ap­peal may chal­lenge:

1.

an in­fringe­ment of the law;

2.

an in­cor­rect or in­com­plete find­ing of leg­ally rel­ev­ant fact;

3.

an in­ap­pro­pri­ate de­cision.

² An ap­peal is also com­pet­ent on the grounds of deni­al of justice or un­jus­ti­fied delay.

¹ The ap­peal must be filed with­in thirty days of no­ti­fic­a­tion of the de­cision. This dead­line also ap­plies to per­sons en­titled to ap­peal who are not re­quired to be no­ti­fied of the de­cision.

² In the case of a de­cision con­cern­ing care-re­lated ac­com­mod­a­tion, the ap­peal must be filed with­in ten days of no­ti­fic­a­tion of the de­cision.

³ An ap­peal on the grounds of deni­al of justice or un­jus­ti­fied delay may be filed at any time.

An ap­peal has sus­pens­ive ef­fect un­less the adult pro­tec­tion au­thor­ity or the ju­di­cial ap­pel­late au­thor­ity rules oth­er­wise.

¹ The ju­di­cial ap­pel­late au­thor­ity shall give the adult pro­tec­tion au­thor­ity the op­por­tun­ity to ex­press its po­s­i­tion.

² In­stead of sub­mit­ting its views, the adult pro­tec­tion au­thor­ity may re­con­sider its de­cision.

¹ A state­ment of grounds is not re­quired for an ap­peal against a de­cision re­lat­ing to care-re­lated hos­pit­al­isa­tion.

² The ap­peal does not have sus­pens­ive ef­fect un­less the adult pro­tec­tion au­thor­ity or the ju­di­cial ap­pel­late au­thor­ity rules oth­er­wise.

³ In cases in­volving men­tal dis­orders, the de­cision must be based on the opin­ion of an ex­pert.

⁴ The ju­di­cial ap­pel­late au­thor­ity shall nor­mally hear the cli­ent as a pan­el of judges. If ne­ces­sary, it shall or­der that the cli­ent be rep­res­en­ted and ap­point a per­son ex­per­i­enced in care-re­lated and leg­al mat­ters as deputy.

⁵ Nor­mally, it de­cides with­in five work­ing days of the ap­peal be­ing filed.

In ad­di­tion, the pro­vi­sions of the Civil Pro­ced­ure Or­din­ance ap­ply mu­tatis mutandis, un­less the can­tons provide oth­er­wise.

¹ The adult pro­tec­tion au­thor­ity shall en­force de­cisions on re­quest or ex of­fi­cio.

² If the adult pro­tec­tion au­thor­ity or the ju­di­cial ap­pel­late au­thor­ity in the de­cision has already ordered com­puls­ory en­force­ment meas­ures, these may be en­forced dir­ectly.

³ The per­son re­spons­ible for en­force­ment may en­list the help of the po­lice if ne­ces­sary. Nor­mally a warn­ing must be giv­en be­fore dir­ect com­puls­ory meas­ures are ap­plied.