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BGE 24 I 662•Age guardianship ends automatically at majority
BGE 24 I 662Amtliche Sammlung des Bundesgerichts (BGE) / Band I26.10.1883Granted
Von Omnilex extrahiert
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).
Von Omnilex extrahiert
Whether guardianship imposed solely because of minority continues after the ward reaches majority.
No. A guardianship based only on minority expires automatically when majority is reached; no separate revocation decision is required.
The federal law on personal capacity fixes majority at a defined age and leaves no room for discretionary assessment of maturity by guardianship authorities.
Whether a guardianship over a legally adult person can continue without prior interdiction proceedings under the federal law.
No. Any restriction of an adult's legal capacity requires prior interdiction proceedings under the statutory grounds for adult guardianship.
Since no such proceedings had been initiated, the cantonal authority could not keep the appellant under guardianship.
Whether the guardianship authorities must return the appellant's property after the guardianship ends.
Yes. Once the guardianship is declared ended, the authorities must hand over the appellant's assets.
The consequence of the automatic expiration of the minor guardianship is the transfer of the estate back to the now-capable adult.
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