International Protection of Adults
Keywords: Care and nursing
What is it about?
The increasing mobility of individuals as well as the ageing of the population has led to a growing need for cross-border assistance measures in relation to the protection of adults. In order to provide the best possible protection to adults needing assistance in cases with an international dimension, Switzerland has ratified the Hague Convention of 13 January 2000 on the International Protection of Adults (HC 2000; RS 0.211.232.1) and has also amended art. 85 FAPIL (Federal Act of 18 December 1987 on International Private Law; RS 291). These came into force on 1 July 2009.
- An adult under deputyship moves abroad (to a Contracting State to the Convention). In order to protect the adult, the protection authority must ensure that the measure is continued abroad and that a similar measure is taken under domestic law to discharge the deputy from his or her duties. With the assistance of the central authorities if necessary, the adult protection authority will be able to address its request to the competent authority of the State of the new residence. Thanks to the bilateral cooperation, the interests of the adult can be preserved and the deputyship in Switzerland lifted.
- A Swiss couple resides in Germany. The competent German Court nominated the husband as the guardian of his wife and as the manager of her assets, since she is suffering from dementia. The bank in Switzerland does not accept the decision of the German Court. In order to be able to dispose of the accounts of his wife, the husband files for recognition of the German Court order before the Swiss competent authority.
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