KESB
Depending on the cantonal provisions, the KESB is a court or a quasi-judicial authority. It serves to protect children on the one hand and adults on the other. In these areas, the KESB should make decisions and take measures that contribute to the welfare and protection of these persons. The focus is on protecting people who are unable to look after their own needs. However, the easiest way to restrict the personal freedom of the individual should be chosen.
With the life annuity model, rights and obligations are transferred to the buyer upon sale. This means that major investments must now be borne by the buyer. Housing costs and insurance are still borne by the seller. The seller has the right to live in the property for the rest of their life. To protect the partner, this right can also be extended to them. During this time, the buyer pays the agreed monthly pension payments. If the seller moves into a care home early, you can live in the house. However, the pension is still owed. A minimum duration for the annuity can also be agreed, whereby in the event of premature death, the annuity payments are transferred to the seller's descendants.
WHAT DOES THAT MEAN EXACTLY?
The basis for kesb Switzerland is the child and adult protection legislation, which was enacted in 2013. People with a legal and psychological background as well as social workers work closely together at the KESB and use the aforementioned basis as a guideline for their actions. The organisation of the KESB is a cantonal competence, which means that the broad guidelines are drawn up by the federal government, but the precise implementation is the responsibility of the cantons. The procedures of the KESB are laid down in the Civil Code (Art. 440 to 453). These determine what the KESB has to do. A non-exhaustive list of these tasks can be found below:
- Appoint/dismiss counsellors and introduce them
- Actively participate in the management of counsellors
- Putting an advance care directive into effect
- Intervention in the event of threats to interests
- Taking various protective measures for minors
- Ordering involuntary placement for serious mental health problems
WHEN DOES THE KESB COME INTO PLAY?
The responsibility of the KESB is to protect people who are unable to look after their own needs. This applies to mentally or psychologically impaired persons, addicts and minors.
Everyone has the opportunity to contact the KESB to turn to. This is a public, state body. There are also institutions that are obliged to make a report - for example public offices, courts or other authorities. If the KESB is informed of the existence of such a situation, the situation will be investigated. If an intervention is deemed necessary, the KESB will intervene and take the necessary measures. In these interventions, the KESB is bound by the law and measures may only be taken if there is a legal basis. This serves to protect against unjustified state interference in private life.
In conclusion, it can be said that the life annuity can be very worthwhile depending on the assumed and effective duration. It also offers major advantages for sellers, as they can continue to live in their property in old age and receive a monthly pension at the same time. From this perspective, it may well be possible to find an advantageous solution for sellers and buyers at the same time.
MEASURES OF THE KESB
In the event of mental or psychological impairment, the KESB can appoint a guardian if necessary. This is intended to help persons in need of assistance with administrative and financial matters. In addition, a welfare placement can be taken as a measure.
If parents are unable to take sufficient care of their children, care measures are initiated. Possible child protection measures include supervision, cancellation of the right of residence and withdrawal of parental custody. In serious cases, this can also mean placement in a home or psychiatric institution.
THE KESB AND THE ASSETS
Banks are also obliged to inform the KESB in the event of presumed capacity of judgement. If an adviser is appointed for financial matters, this is often a sub-optimal solution for future assets. There are increasing numbers of complaints that the KESB is taking measures that are not in the interests of the person being represented. Cases are conceivable in which the KESB sells the family's assets without consideration for the descendants. Cases such as that of the Rechtsteiner family in St. Gallen show that properties are sold for far below the market price. A patrician house with a market value of 1,200,000 at the time was sold for 900,000. Transfer taxes, which are often shared by the buyer and seller, also fell solely on the seller. In such cases, it is very difficult to take action against the KESB.
A private guardian who can protect the interests of the family or a company should therefore be called in at an early stage, especially for property issues. This is also confirmed by a study by the University of Freiburg, according to which private guardians offer the better solution in adult protection. Advance care directives or powers of attorney also offer the necessary remedy. Without such measures, in the event of a serious accident, no decisions on the sale or encumbrance of the home can be made without the consent of the KESB.
Kesb Switzerland (Kesb) is a non-profit organisation that works to provide social and legal support for children, young people and families in Switzerland. Founded in 1996, the Kesb is the only nationally recognised institution that offers legal advice and representation in child protection and family matters. It is also the only organisation that provides psychological and legal support to children and families in crisis situations. The Kesb (Child and Adult Protection Authority) is a child and adult protection authority. It was set up to ensure the welfare of children and adults. It investigates cases of abuse and neglect and offers protection and help to those affected. It also works to ensure that such cases do not occur in the first place. The kesb is an important part of the social system and helps to ensure that all citizens are safe and secure. The primary goal of the Kesb is to protect the rights of children and families and ensure their safety. To this end, the organisation offers a wide range of services. These include psychological and legal support as well as counselling and representation in family matters. Kesb also offers a hotline for victims of domestic violence, a network of shelters and counselling services as well as social work and legal support for parents in crisis situations.
If a person is under guardianship, the KESB (Kaufman Eviction Services Bureau) assists the guardian in assessing the property, collecting rent and managing the property. The KESB can manage the eviction process, offer legal advice and representation and help the guardian to regain control of the property. Here, the Kesb also repeatedly calls on professional providers who specialise in this area.
The work of kesb schweiz is based on the principles of respect, participation and inclusion. It promotes a holistic approach to child protection and encourages parents to take more responsibility for the safety of their children. The organisation is also committed to improving the quality of life of children and families in Switzerland and strives for a society in which all people can live in safety and security. Kesb works closely with the cantons of Switzerland as well as with local and international organisations. It also maintains close relations with the Federal Social Security Office and the Federal Office for Migration. By working in partnership with these organisations, Kesb can ensure that the services it offers reach the people who need them most. Kesb is committed to the quality of services for children and families in Switzerland. Its mission is to ensure the safety and well-being of children and families in Switzerland and to enable them to live in dignity and respect. With its services, it strives for a society in which all people can live in safety.
