Adult and child protection — the TPAE in Geneva

Swiss adult-protection law was deeply reformed on 1 January 2013, replacing the old tutelle/curatelle regime with a graduated and individualised system (CC arts. 360-456). In Geneva, the Tribunal de protection de l’adulte et de l’enfant (TPAE) handles all decisions. The firm acts for the protected person, their family, or the appointed curator.

Anticipated mandate (mandat pour cause d’inaptitude)

The anticipated mandate (CC arts. 360-369) is a written instrument by which a capable adult appoints a person to represent them — for personal care, asset management or both — should they become incapable.

Conditions of form: handwritten or notarised. Validation by the TPAE when the mandator becomes incapable. The mandate can specify who, what powers, what restrictions.

Operational value: avoids the imposition of a state-appointed curator chosen by the TPAE — the person you trust takes over instead.

Advance health directives (directives anticipées)

CC arts. 370-373 — written instructions on medical treatment in case of loss of capacity. Can refuse specific treatments, designate a therapeutic representative, indicate end-of-life preferences.

Validity: written, dated, signed. Binding on medical personnel unless serious doubt exists about its current adequacy.

Graduated curatorship measures (CC arts. 390-425)

When the protected person cannot manage their affairs and no anticipated mandate exists, the TPAE imposes a curatorship calibrated to the actual need :

• Accompaniment curatorship (art. 393) — support without restricting the person’s legal capacity.
• Representation curatorship (art. 394) — the curator represents the person for specified acts.
• Cooperation curatorship (art. 396) — certain acts require the curator’s consent.
• Scope-of-act curatorship — broader powers as needed.
• Combined curatorship (art. 397) — combination of the above.

The TPAE periodically reviews the measure and adapts it.

Placement for treatment (CC arts. 426-439)

A person can be placed in an institution against their will if they suffer from a mental disorder, mental disability or grave neglect, and if the assistance needed cannot otherwise be provided. Strict procedural safeguards apply : written decision, immediate notification, right to challenge before the TPAE within 10 days, right to a counsel of choice, periodic review.

Child protection — same court, same logic

The TPAE also handles child protection. Measures range from mild parental support orders to withdrawal of parental authority (CC art. 311), with intermediate steps : appointment of a curator for the child, removal of the right to determine residence, placement in foster care.

The firm assists parents whose file is before the TPAE and represents children when a curator ad litem is appointed.

Roles the firm plays

• Drafting an anticipated mandate for a client who wishes to plan ahead.
• Drafting advance health directives with the necessary medical specificity.
• Representing a person in TPAE proceedings — opposing or shaping a proposed measure.
• Appealing TPAE decisions to the Cour de justice — Chambre de surveillance.
• Advising a family on how to support a relative facing diminished capacity.
• Acting as professional curator when appointed by the TPAE.

Timing and costs

• Drafting of anticipated mandate or advance directives: typically 2-4 hours of legal work, CHF 800-1’500.
• Representation in TPAE proceedings: variable, often CHF 2’500-6’000 depending on file complexity.
• Appeal to the Cour de justice: CHF 3’000-6’000 plus court fees.
• Legal aid available based on cantonal scales.

Related pages

• Family law — general practice
• Successions and inheritance law

Maître Andrea von Flüe handles every protection file personally. First consultation CHF 50.