Art. 449a Schweizerisches Zivilgesetzbuch (ZGB)

ZR1 2025 120 · gr (Art. 449a ZGB)

Forced Placement of Mentally Ill Individual Upheld

Cited in the context of the legal basis for the appointment of the legal representative (Vertretungsbeiständin) and its continuation in the appeal proceedings.

C/6151/2025 · ge (art. 449a CC)

Woman v. Appointment of Procedural Guardian Regarding Capacity to Retain Counsel

The court found a violation of the right to be heard concerning the designation of a curatrix for representation, which falls under the scope of this article regarding representation in proceedings.

C/21899/2024 · ge (art. 449a CC)

Appeal Against Protective Measures and Curatorship in Elderly Asset Transfer Case

Used to annul the orders maintaining the appointed official curator for procedure representation because the necessary conditions were not met.

PA250006 · zh (Art. 449a ZGB)

Brother's Appeal for Hospital Transfer and Release Denied Due to Untimely Filing

Mentioned in relation to objections against orders by the competent child and adult protection authority, such as the appointment of a representative.

810.2024.88 · bl (Art. 449a ZGB)

Right to Counsel in Guardianship Appeal Despite Revocation

Cited as the basis for the procedural guardianship that was partially annulled and remanded for a new decision.

PA240009 · zh (Art. 449a ZGB)

Guardianship Placement Appeal Dismissed Due to Lack of Resistance and Disproportionality

Mentioned in the reasoning regarding the appointment of the procedural guardian, but not cited in the operative part as the basis for the decision itself.

PA240013 · zh (Art. 449a ZGB)

Psychiatric Commitment Upheld Despite Patient Denial

Cited in the reasoning regarding the existing mandate for the procedural guardian, which precluded an order for gratuitous legal assistance under ZPO.

9.2023.110 · ti (art. 449a CC)

Guardianship Annulled Due to Failure to Interview Incapacitated Individual

Mentioned in the concluding considerations (4.1) regarding the potential need to evaluate the establishment of a representation curatorship, but not explicitly cited in the dispositive orders 1, 2, or 3.

9.2023.115 · ti (Art. 449a CC)

Curator Appointment Upheld for Minor Amidst Family Conflict and Delinquency

Cited as supporting the principle of evaluating the necessity of appointing a representative for the minor.

PQ230035 · zh (Art. 449a ZGB)

Appeal of Sole Custody and Visitation Schedule Confirmed Due to Parental Conflict

Mentioned in the reasoning as the provision the lower authority considered for appointing legal counsel, supporting the decision to grant free legal aid.

C/20436/2022 · ge (art. 449a CC)

Appeal Against Appointment of Official Curator in Protective Measure Proceeding

The court annulled the contested decision because the conditions for appointing an official representative, specifically the necessity criterion under this article, were not met.

C/24324/2021 · ge (art. 449a CC)

Curator Fee Challenge Appeal Dismissed for Lack of Evidence

Cited in the reasoning section regarding the appointment of a procedural guardian.

F 2023 15 · zg (Art. 449a ZGB)

Appeal Against Procedural Guardianship Confirmed Due to Incoherent Self-Representation

The court confirms the KESB decision to appoint a procedural guardian based on the appellant's inability to represent himself effectively, which is the core subject of the decision.

C/23797/2022 · ge (art. 449a CC)

Curator Appointment in Civil Protection Proceedings Upheld

This article was cited in the reasoning to justify the necessity of appointing a representative (curator) for the appellant in the ongoing procedure.

PA220055 · zh (Art. 449a ZGB)

Legal Aid Granted: Appeal Not Lacking Merit

Mentioned as the legal basis for the appointment of a legal representative by the KESB, which prevented the appointment of a legal aid representative.