Question juridique clé
Whether the mandate fee imposed on the estate should be annulled because the deceased had ordered that relatives and in-laws work unpaid.
Solution extraite
No. Once the adult-protection measure was ordered by the authority, the guardian had a statutory entitlement to compensation; the deceased could not validly exclude payment for a hoheitlich appointed guardian.
Motifs extraits
The guardian was appointed by KESB as a statutory representative with asset management, not as a private contractual agent. The compensation regime under Art. 404 ZGB prevails over the deceased's testamentary or advance-care directive wishes. Whether the claim is enforceable against the estate is a civil-law matter.