projekte
BGE 24 I 662 ΓÇó Age guardianship ends automatically at majority
BGE 24 I 662Amtliche Sammlung des Bundesgerichts (BGE) / Band I26.10.1883Granted
W. Schmid, who had originally been placed under guardianship only as a minor, challenged a cantonal decision by the Landammann and Standeskommission of Appenzell I.Rh. that he should remain under guardianship after reaching adulthood. The Federal Court held that a minor guardianship ends automatically upon attainment of majority and cannot be continued on the basis of a discretionary assessment of maturity. Because no interdiction proceedings for an adult had been initiated, the continued guardianship was unlawful. The appeal was therefore upheld and the guardianship declared terminated, with an order that his property be returned.
Art. 1, 5 and 8 of the Federal Act on Personal Capacity; cessation of minor guardianship ipso jure upon attainment of majority; adult guardianship only on the statutory grounds and after prior interdiction proceedings. Majority is determined by an objective age threshold and excludes any discretionary review by guardianship authorities as to the ward's maturity or suitability for self-management (consid. 1). A guardianship established solely because of minority cannot subsist beyond majority; if no adult interdiction procedure has been commenced, the continued restriction of legal capacity is unlawful and the estate must be restored to the now-capable person (consid. 2).