Deputyship (Switzerland)
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Deputyship is a
Swiss Swiss most commonly refers to: * the adjectival form of Switzerland * Swiss people Swiss may also refer to: Places * Swiss, Missouri * Swiss, North Carolina * Swiss, West Virginia * Swiss, Wisconsin Other uses * Swiss Café, an old café located ...
legal instrument Legal instrument is a law, legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation ...
that replaced guardianship (, ) in adult protection law on 1 January 2013. It enables the officially ordered legal representation of a person of legal age who lacks the capacity of judgment. The regulation of deputyship of minors in child protection law is set out in Art. 327a-c of the
Swiss Civil Code The Swiss Civil Code (SR/RS 210, ; ; ; ) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationshi ...
, which came into force on 1 January 2013. The provisions of adult protection law, namely on the appointment of the deputy, the management of the deputyship and the involvement of the adult protection authority, apply ''
mutatis mutandis ''Mutatis mutandis'' is a Medieval Latin phrase meaning "with things changed that should be changed" or "once the necessary changes have been made", literally: having been changed, going to be changed. It continues to be seen as a foreign-origin ...
''.


Types of deputyships

Since 1 January 2013, a distinction has been made between three different types of deputyship and the general deputyship. The previous category of custodial deprivation of liberty has been replaced by the new category of custodial placement. The new body is the Child and Adult Protection Authority (KESB, APEA, ARP). The law distinguishes between the * Assistance deputyship (Art. 393), * Representative deputyship (Art. 394 & 395) and * Advisory deputyship (Art. 396) and * General deputyship (Art. 398). The areas of responsibility of the deputyship may include personal care, property care or legal affairs, and should correspond to the needs of the person concerned (Art. 391).Article 391
of the Swiss Civil Code.


Literature

* Taban, Özlem (2012). "Das neue Schweizer Erwachsenenschutzrecht". ''Interdisziplinäre Zeitschrift für Familienrecht'' (in German) (2): 80–85. * Noser, Walter; Rosch, Daniel (2016). ''Erwachsenenschutz: Das neue Gesetz umfassend erklärt - mit Praxisbeispielen'' (in German) (3 ed.). Zürich: Beobachter-Edition. .


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External links


ZGB. Adult protection, personal law and child law
(in German) Amendment of the Swiss Civil Code, documentation on the website of the Federal Assembly. * Albert Guler
''Die wichtigsten Neuerungen des Kindes- und Erwachsenenschutzrechts''
(in German) 8. November 2012. Law of Switzerland Swiss Federal Acts {{Europe-law-stub