Questão jurídica principal
Whether a general guardianship could be ordered without an external medical expertise
Decisão extraída
No. In a case involving a guardianship based on a psychical disorder, the protection authority had to obtain an external and independent expertise unless one of its members had the necessary medical knowledge.
Fundamentação extraída
The decision relied only on the file and hearings of treating doctors. The authority did not show that any decision-maker had the medical expertise required to determine the psychical disorder justifying the measure. For such a serious restriction, art. 446 CC requires expert evidence when needed.