KESB Proceedings

KESB Proceedings: Know Your Rights, Act Early

Measures ordered by the Child and Adult Protection Authority (KESB) reach deep into private and family life — from contact rights and deputyships to care-related placements. Anyone affected by proceedings should know their rights and act early. We represent affected persons and their relatives from our offices in Wil SG (Villa India), Teufen AR and Zurich and at our correspondence office in Gossau SG.

Child Protection

Where a child's welfare is at risk, the KESB may order graduated measures (Art. 307 et seq. Swiss Civil Code): from reminders and directions to a deputyship (Art. 308 Swiss Civil Code), the withdrawal of the right to determine the child's residence (Art. 310 Swiss Civil Code) or — as a last resort — of parental responsibility (Art. 311 Swiss Civil Code). Every measure must be proportionate. We make sure your perspective is heard in the proceedings, accompany you to hearings and scrutinise expert reports critically.

Adult Protection and Deputyships

Where an adult can no longer manage their own affairs, the KESB establishes a deputyship. The law provides four forms — assistance, representative, advisory and comprehensive deputyships (Art. 393–398 Swiss Civil Code) — which restrict self-determination to differing degrees. We review whether a measure is necessary and correctly scoped, and we represent both the persons concerned and relatives seeking a suitable solution.

Care-Related Placement

Care-related placement (Art. 426 et seq. Swiss Civil Code) is the most severe measure in adult protection law: placement in an institution against a person's will. Two things must be kept apart. Release may be requested at any time, by the person concerned or by someone close to them, and must be decided without delay (Art. 426 para. 4). An appeal against the placement or against a decision, by contrast, is subject to short deadlines: as a rule ten days from notification (Art. 439 para. 2 and Art. 450b para. 2). Where measures restricting freedom of movement are concerned, the court may be seised at any time, as it may for denial of justice or undue delay (Art. 450b para. 3). Which deadline applies follows from the specific decision and the information on legal remedies it contains — bring the letter to the meeting. In these proceedings every day counts; we act accordingly.

Procedure and Appeal

Clear procedural rights apply in KESB proceedings: the right to be heard, to inspect the files and to a personal hearing (Art. 443 et seq. Swiss Civil Code). KESB decisions may be appealed to the competent court (Art. 450 Swiss Civil Code) within thirty days of notification — within ten days for care-related placement (Art. 450b). Check the information on legal remedies on the decision first; it names the deadline and the competent authority. We analyse the decision, assess the prospects of success and conduct the appeal where it is warranted.

Planning Ahead Instead of Being Subject to Orders

With a lasting power of attorney (Art. 360 et seq. Swiss Civil Code) and an advance healthcare directive (Art. 370 et seq. Swiss Civil Code), you decide yourself who acts for you if you are no longer able to. Properly executed, these documents often make official measures unnecessary. We advise you on drafting, formal requirements and safekeeping.