How do you go about placing someone under guardianship?

How do you go about placing someone under guardianship?

"My father has become senile and I've been advised to put him under guardianship. What should I do?"

Patricia, Petit-Lancy

Under article 369 of the Civil Code, a person of full age may be placed under guardianship if he or she is incapable of managing his or her own affairs, cannot do without permanent care and assistance or threatens the safety of others by reason of mental illness or feeble-mindedness, as in the case of a person who has become senile due to advanced age.

There are three types of guardianship: curatorship, legal advice and guardianship. Guardianship is the most onerous measure, as it involves a decision to prohibit and the appointment of a guardian. The prohibition measure means that the adult will be placed in the situation of a minor who does not have the exercise of civil rights. In addition, the ban deprives the person concerned of parental authority over their children. The interdicted person must therefore benefit from regular personal assistance; he or she will therefore be subject to the legal representation of a guardian and will be deprived of the administration and management of all his or her property. The role of the guardian is to assist the person concerned in all his or her personal affairs. The guardian will also manage the person's property.

Prohibition proceedings may be initiated at any time by the competent authority. In Geneva, this is the Guardianship Court. Prohibition may be requested by an application to this court either by the person to be prohibited, or by his or her spouse or a relative up to the fourth degree. The person concerned will then undergo a psychiatric examination.

Once the Court has issued the injunction and it has become enforceable, it will be published to protect third parties.

Finally, the Guardianship Court will forward the mandate to the Adult Guardianship Service (STA), which will appoint a social worker and an account manager to act as guardian for the person concerned. However, at the express request of the family or the person concerned, private guardianship is possible, in which case a family member may be appointed as guardian. However, only a natural person may act as guardian. It should also be noted that private guardianship is the only option when the person concerned has a large number of assets.