KESR-ABC

If a person of legal age suffers from a mental illness or a mental disability, this constitutes a state of weakness. If, for this reason, they can no longer manage their affairs independently, this is referred to as a need for protection (Art. 390 ZGB). This is the case, for example, if the person becomes overwhelmed due to their disability and can no longer pay their bills, gets into debt and takes out large loans or gets themselves into difficulties by concluding contracts. The KESB can then set up a deputyship.
However, there are many people with a mental illness or other impairment who manage well with the help of friends and family without the authorities. This means that a state of weakness alone does not authorise the KESB to intervene.

If the person concerned lodges an appeal against a decision within the time limit, it generally has suspensive effect (Art. 450 c ZGB). In practice, this means that the decision cannot be enforced while the appeal proceedings are pending. However, this does not apply to care-related hospitalisation («Fürsorgerische Unterbringung»). The appeal proceedings should only last a short time. The KESB can implement a decision to protect the welfare of the child as a precautionary measure and withdraw the suspensive effect of an appeal. This is used, for example, when children are placed in alternative care in order to avert danger immediately