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Anyone deemed unfit for judgment receives a visit from the Child Protection Authority and adults (Kesb). It decides whether and who, in the future, should be able to make decisions about it, for example in the financial sector, or your own children. The FDP National Council, Marcel Dobler, wants to take over this work from Kesb and simplify and therefore launches an e-Vorsorgauftrag. "As a married father, I want to protect myself," he says.
That is, not depending on the intervention of Kesb. This should be done with the help of a precautionary warrant that, like a will, governs the procedure in case of incapacity for decision. Dobler explains his initiative by saying that the Kesb also makes decisions that are not always ideal. For the difficult subject, people must be sensitized, according to Dobler.
Together with his wife, lawyer and notary, he developed an online configurator for a precautionary order, which can be found at e-vorsorgission.ch. "It should help everyone to take personal precautionary orders for free and in just a few steps," Dobler said. Unlike standard contracts, a retirement savings plan can be adapted to each stage with its so-called "legal-tech" solution. "No law needs to be adapted, this will save taxes and the Kesb will make the job easier," said Mr Dobler. For now, the website is designed for the canton of St. Gallen and Dobler hopes to be implemented throughout Switzerland. "I leave my source code open, others can copy the page."
"We must prevent the intervention of Kesb"
The website also contains a list of lawyers and notaries from St. Gallen, who then certify the contract. People who are not computer savvy can also get help from young volunteers in the city of St. Gallen and Pro Senectute by phone. If the precautionary order is completed and valid, it can be filed at the Commercial Registry Office and the Notary Public of St. Gallen. "Kesb is obliged to seek a precautionary order in this country and to comply with it," says Dobler.
The senior national councilor and initiator of the Kesb initiative, Barbara Keller-Inhelder, also considers it necessary to act: "It is tragic to have to protect yourself from an authority of this country." She welcomes the idea that she deals with countless inquiries every day. I wanted to see what a precautionary order should look like. "In Switzerland, there are many calls for help: unfortunately, in the Kesb, work is sometimes poorly done and these employees have too much power."
The competence of Kesb remains the same
Vice President of the National Council and co-initiator Pirmin Schwander also wants to prevent Kesb's interventions. The e-pension solution is not even a "symptom control". Aside from the fact that such a contract is cheaper, it has no benefit: "Kesb is still required to verify and validate a contract," he said. A precautionary person can always be declared ineligible by the Kesb. "This solution gives Kesb no less skill, but more work."
In a precautionary order, the Kesb might have nothing to say. "For this, the law must be changed," said Schwander. In 98% of pension contracts, family members or family members are employed as a precautionary measure. This is why it is important to make this a rule at the legislative or constitutional level, and that is what his initiative wants. "This does not change the risk reporting system, which is why Kesb does not need to check the internal solutions to the family," Schwander said.
The Kesb of the city of St. Gallen did not want to comment on the subject compared to 20 minutes Wednesday. However, on her website, she points out: "As part of Kesb's day-to-day work, we are in close contact with the people involved and third parties. In doing so, we are working on a good decision. "In addition, a study published in May by the University of Applied Sciences Lucerne showed that Kesb attaches great importance to the pedigree of child placement." This refutes the general accusation that the authority protection decides without the participation of parents.
Michael Allgäuer, President of Kesb Zürich, welcomes this idea. "There are still relatively few pension contracts today, but the people involved can decide for themselves." However, pension agreements will have to withstand the requirements and remain validated: "This is required by the law, "says Allgäuer.
(PNA)
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