Adult protection law and curatorship
Understand, challenge, report, plan ahead
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A curatorship (in French curatelle) is a measure ordered by a judicial authority to help an adult who can no longer manage important matters (administrative, financial, medical) on their own due to a mental impairment, a psychiatric disorder or another condition of weakness (serious illness, accident, addiction, etc.). This page presents, in plain language, the principles and types of curatorship, as well as practical steps for challenging a measure, reporting a concerning situation, or planning ahead with an advance care directive (in French mandat pour cause d'inaptitude). For personalised advice, please book an appointment.
Information sheet:
- Adult protection measures (Guide social romand — in French)
- KOKES — Conference of cantonal child and adult protection authorities
- List of protection authorities (APEA/KESB/TPAE) per canton (PDF, KOKES)
- Pro Infirmis — legal guide on curatorship (in French)
- Application for a certificate of legal capacity (Geneva, PDF, in French)
- Adult protection — official Geneva justice website (TPAE, in French)
Table of contents
Last update: 26.04.2026
Principles of curatorship
When and by whom can a measure be ordered?
Under art. 390 of the Swiss Civil Code , the protection authority establishes a curatorship when two conditions are met: (1) the adult is partially or wholly prevented from safeguarding their interests due to a mental impairment, a psychiatric disorder or another condition of weakness (serious illness, accident, addiction, etc.); (2) they need help, and that help cannot be provided by family, by their social network or by private or public services.
Curatorship is governed by three essential principles:
- Subsidiarity: the authority intervenes only if no other solution (power of attorney, advance care directive, family help, social services) is sufficient.
- Proportionality: the chosen measure must be the least restrictive possible in light of the actual need for protection. Curatorship must not restrict the person's freedom more than strictly necessary.
- Preservation of autonomy: as far as possible, the person concerned retains the exercise of their civil rights. Legal capacity is restricted only if the curatorship expressly so requires (in practice, mainly in the case of general curatorship).
Which authority decides?
In most Swiss cantons, the competent authority is the APEA (Adult and Child Protection Authority — in German KESB). In Geneva, however, the competent authority is the TPAE (Adult and Child Protection Court ) — this is therefore an actual court, composed of judges. This particularity is important: in Geneva, the procedure is judicial from the outset, and the avenues of appeal are adapted accordingly.
The full list of competent authorities by canton is maintained by KOKES: list of APEAs and competent courts (PDF) .
If you are facing a curatorship project (yourself, a relative or a friend) and want to understand the issues and alternatives, you may book an appointment by phone or an online appointment .
No. The basic rule is that the person placed under curatorship retains the exercise of their civil rights: they can continue to vote, to marry, to sign everyday contracts, etc. Their legal capacity is restricted only to the extent expressly provided by the authority's decision, and only when this is strictly necessary to protect them. A complete loss of the exercise of civil rights occurs, in principle, only in the case of general curatorship.
The authority appoints a person capable of carrying out the entrusted tasks, who has the necessary time and who performs them personally (art. 400 SCC ). This may be a relative of the person (spouse, child, parent, friend) or a professional curator (in Geneva, the Adult Protection Service — Service de protection de l'adulte, SPAd — performs this role in many situations). The authority takes account, as far as possible, of the wishes of the person concerned and of their relatives.
Curatorship is not fixed: it is reviewed regularly by the authority and adapted as the situation evolves. It can be terminated at any time when the grounds that justified it no longer exist (art. 399 SCC ). The person concerned, their relatives or the curator may request termination at any time.
In principle, the curator is entitled to appropriate remuneration, drawn from the assets of the person concerned (art. 404 SCC ). If the person does not have sufficient resources, these costs may be covered by the canton. In Geneva, the remuneration arrangements are set by cantonal regulation.
Does curatorship deprive the person of all their rights?
Who is appointed as curator?
How long does a curatorship last?
Who pays the curator?
Types of curatorship
Four measures, from the lightest to the most restrictive
Swiss law provides for four types of curatorship, organised from the least to the most restrictive. The choice always depends on the concrete need of the person and the principle of proportionality.
1. Accompaniment curatorship
The accompaniment curatorship (art. 393 SCC ) is the least restrictive measure. The curator provides assistance for specific tasks (administrative steps, organisation of daily life, support in certain decisions), but the person concerned retains full control over their affairs and rights. This curatorship can only be established with the consent of the person concerned.
2. Representation curatorship
The representation curatorship (art. 394 SCC ) is established when the person can no longer perform certain acts alone. The curator represents them in the areas defined by the authority (for example, the management of a bank account, payment of bills, medical follow-up). The authority may, if necessary, limit the exercise of civil rights of the person in those same areas (art. 394 para. 2 SCC ).
In a frequent variant, the representation curatorship deals specifically with the management of assets (art. 395 SCC ): income, bank accounts, real estate, etc.
3. Cooperation curatorship
The cooperation curatorship (art. 396 SCC ) provides that certain specified acts of the person concerned (for example, signing a lease, buying a vehicle, withdrawing a significant sum) require the curator's consent in order to be valid. Outside these acts, the person acts freely.
4. General curatorship
The general curatorship (art. 398 SCC ) is the most restrictive measure: it covers all areas of personal assistance, asset management and legal relations with third parties. It automatically deprives the person concerned of the exercise of their civil rights. The authority orders it only when no lesser measure is sufficient, in particular when the person is in a state of permanent incapacity of judgment.
To understand which type of curatorship is being considered in your situation (or that of a relative) and assess its appropriateness, you may book an appointment by phone or an online appointment .
The term “guardianship” (in French tutelle) for adults no longer exists under Swiss law since the revision of 1 January 2013. The former guardianship has been replaced by the general curatorship. The other former measures (legal counsel, voluntary curatorship) have been merged into the current system of four flexible types of curatorship. The word “guardianship” remains in use for minors (when no parent exercises parental authority).
The person concerned and their relatives may express their preferences, but the final choice of the type (and exact scope) lies with the authority, which must select the least restrictive measure possible. The accompaniment curatorship alone requires the consent of the person concerned. The other types may be imposed, but their scope must remain strictly proportionate to the need for protection.
This depends on the type of curatorship and the capacity of judgment of the person. As a rule, a person under accompaniment, representation or cooperation curatorship retains the ability to marry or make a will, as long as they have the capacity of judgment at the time of the act. In the case of general curatorship, these acts remain possible but may be challenged if it can be shown that the person lacked the required capacity of judgment.
What is the difference between curatorship and guardianship?
Can the type of curatorship be chosen?
Can a person under curatorship marry or make a will?
Challenging a curatorship
Avenues of appeal and time limits to respect
Decisions of the protection authority may be challenged by the person concerned, by their relatives (spouse, registered partner, descendants, parents, siblings and any other person with a close relationship: see art. 450 para. 2 SCC ) or by any person with a legal interest. Three types of decisions may be challenged: the establishment of a curatorship, its maintenance, its content (scope, choice of curator), or even the acts of the curator themselves.
Appeal against a decision of the protection authority
Any decision of the protection authority (in Geneva: the TPAE) may be the subject of an appeal to the judicial appeal body (art. 450 SCC ). In Geneva, the appeal body is the Supervisory Chamber of the Court of Justice (Chambre de surveillance de la Cour de justice). The appeal deadline is generally 30 days from notification of the decision (art. 450b para. 1 SCC ), reduced to 10 days in the case of placement for assistance purposes.
The appeal must be written and reasoned: it must indicate how the decision is contrary to the law, based on an inaccurate finding of facts or inappropriate (art. 450a SCC ). A decision on appeal may itself be brought before the Federal Supreme Court by way of an appeal in civil matters.
Complaint against acts of the curator
Independently of any decision by the authority, acts or omissions of the curator themselves may be the subject of a complaint to the protection authority (art. 419 SCC ). The person concerned, a relative or any person with a legal interest may report that the curator is not properly performing their duties, refuses a reasonable decision or causes harm. The authority examines the situation and, where appropriate, takes appropriate measures (instructions to the curator, modification of the measure, or even replacement of the curator).
Requesting a certificate of legal capacity (Geneva)
In Geneva, anyone may request a certificate confirming that they are not subject to a protection measure (useful, for example, for entering into certain notarised or administrative acts). The application is made using the official form:
Download the certificate of legal capacity application form (PDF, in French)
If you are considering challenging a curatorship decision or the acts of a curator, you may book an appointment by phone or an online appointment . Given the short deadlines, do not delay in seeking advice.
Representation by a lawyer is not mandatory, but it is strongly recommended. Drafting an appeal requires good knowledge of the principles (subsidiarity, proportionality, autonomy), of procedure and of case law. A poorly reasoned or late appeal may be declared inadmissible without examination on the merits. The person concerned may also apply to the appeal body for legal aid (free legal assistance) if their resources are insufficient.
In principle, no: the authority's decision remains enforceable during the appeal proceedings. However, the appeal body may, on a reasoned request, order suspensive effect or take any other useful provisional measure (in particular when immediate enforcement would cause harm that is difficult to repair).
Before initiating formal proceedings, it is often useful to write to the curator setting out the disagreement clearly and to request a meeting. If the situation is not resolved, the complaint to the protection authority (art. 419 SCC) allows it to arbitrate the dispute, without necessarily replacing the curator.
Yes. The person concerned, their relatives or the curator themselves may at any time request the termination of the measure when the grounds that justified it no longer exist (art. 399 SCC ). The authority examines this, where appropriate by requesting updated medical or social information. A refusal decision may be challenged through the ordinary avenues of appeal.
Is a lawyer required to file an appeal?
Does an appeal suspend the measure?
What to do in case of disagreement with the curator without seeking their removal?
Can termination of a curatorship be requested?
Reporting a concerning situation
When and how to alert the protection authority?
When you observe that a relative or a third party (a neighbour, a patient, an isolated elderly person) can no longer manage their essential affairs, appears to put themselves in danger, or is being exploited by their entourage, you may report this situation to the protection authority (in Geneva: the TPAE; elsewhere: the competent APEA/KESB).
Art. 443 of the Swiss Civil Code distinguishes two situations:
- Anyone may notify the authority when an adult appears to need help (right to report, art. 443 para. 1 SCC).
- Persons who, in the exercise of an official function, become aware of such a situation are required to notify the authority (duty to report, art. 443 para. 2 SCC). Cantons may extend this duty to other persons (in particular medical and social professionals).
In Geneva, cantonal provisions specify the procedure for reporting. The form and process are described on the official Geneva justice website (TPAE, in French) .
Form and content of the report
The report is in principle written, dated and signed. It should include:
- the identity of the person concerned (name, address, date of birth if possible);
- a factual description of the concerning situation (observed facts, dates, places, witnesses);
- the identity of the reporter (unless reporting anonymously);
- where appropriate, useful documents (medical reports, unpaid bills, correspondence, etc.).
An anonymous report is generally accepted, but the authority may give less weight to allegations that cannot be verified. A named and detailed report allows for a more effective investigation. The reporter is not a party to the proceedings: they have no access to the file and will not, as a rule, be informed of the outcome.
If you are hesitating to report a situation (an ageing parent, an isolated neighbour, a patient) or if you have yourself received a report concerning you, you may book an appointment by phone or an online appointment .
A report made in good faith, on the basis of concrete elements, does not expose the reporter to liability, even if the authority ultimately concludes that no measure is necessary. On the other hand, a manifestly abusive report (false, made with intent to harm) may expose its author to civil or even criminal liability (for example for defamation, art. 173 SCC (criminal) ).
The authority examines the elements provided and decides whether to open an investigation. It may summon the person concerned, request medical or social information and hear relatives. If it concludes that no measure is needed, it closes the report. Otherwise, if the situation justifies it, it opens a formal procedure that may result in the establishment of a curatorship, sometimes preceded by urgent provisional measures.
Professional secrecy is lifted when the law provides for an obligation to report or when the supervisory authority has released the professional from secrecy. The canton of Geneva has issued specific rules extending the duty to report to certain professionals (notably in the medical and social fields). In case of doubt, a doctor may apply to their supervisory authority (cantonal medical officer) to obtain a release from secrecy.
Does reporting expose me to liability?
What happens after the report?
Does professional secrecy prevent a doctor from reporting?
Advance care directive
Plan ahead, without waiting for the authority to step in
The advance care directive is governed by art. 360 et seq. of the Swiss Civil Code . It is an act by which any person capable of judgment and of full age instructs one or several natural or legal persons (a relative, a lawyer, a fiduciary) to:
- provide personal assistance (housing, care, daily life);
- manage their assets (income, accounts, real estate, bills);
- represent them in legal relations with third parties (administrations, banks, insurance companies).
The directive only takes effect when the person loses their capacity of judgment, and only after validation by the protection authority. As long as the person is capable of judgment, they may modify or revoke it freely, at any time.
Form of the directive
The directive must, on pain of nullity, be in one of the following two forms (art. 361 SCC ):
- Holographic form: entirely handwritten, dated and signed by the principal themselves (like a holographic will).
- Authentic form: drawn up by a notary.
A typewritten and merely signed directive is void. It is strongly recommended to mention the existence and place of deposit of the directive in the cantonal register (in Geneva, the civil registry office maintains this register), so that it can be located when needed.
What about advance medical directives (living will)?
The advance medical directives (art. 370 SCC ) are a distinct but complementary instrument: they allow a person to refuse or accept in advance certain medical treatments in case they are no longer capable of judgment (for example, refusal of futile life-prolonging treatment, designation of a therapeutic representative). They are drafted in written form, dated and signed, and do not require authentic form.
To draft or revise an advance care directive or advance medical directives, you may book an appointment by phone or an online appointment .
To a large extent, yes. If the directive is valid, complete and accepted by the mandatary, the protection authority simply validates it and orders a curatorship only for the tasks not covered by the directive (art. 363 SCC ). For this reason, it is essential to draft a directive that is as broad as necessary and that anticipates the main situations (health, housing, banking, real estate, etc.).
The law provides for a statutory right of representation in favour of the spouse or registered partner who lives in the same household as the person incapable of judgment, or who provides them with regular personal assistance (art. 374 SCC ). This right is limited to ordinary acts necessary for the maintenance and ordinary management of income and assets. For more important acts, the protection authority must be involved. In the absence of a spouse or in case of disagreement, the curatorship takes over.
No. An ordinary power of attorney, even a general one, becomes legally fragile the moment the principal loses their capacity of judgment: banks and administrations frequently refuse to recognise it from that moment on. Only the advance care directive, subject to the strict requirements of art. 361 SCC and validated by the protection authority, takes effect precisely in this situation.
Yes. The directive may freely set the remuneration of the mandatary (lump sum, hourly rate, free of charge). In the absence of an express clause, the mandatary is entitled to equitable compensation, drawn from the principal's assets, in accordance with art. 366 SCC .
Does the advance care directive avoid any intervention by the authority?
What happens in the absence of a directive?
Isn't an ordinary power of attorney enough?
Can the directive provide for remuneration of the mandatary?
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