Meeting real needs
The Tribunal de protection de l'adulte et de l'enfant (TPAE) ensures the protection of people throughout their lives, from childhood to adulthood up to their succession (Justice of the Peace). It intervenes when no satisfactory solution has been found for the person concerned within the family, with relatives or any other institution that can provide assistance.
Protective measures are designed to protect any person who is unable to safeguard his or her own interests, and for whom the support provided by relatives or services (public and private) is insufficient.
Organized jointly by the Department of Social Cohesion (DSC) and the Judicial power (PJ), the general assembly on adult protection brought together partners from all walks of life to identify areas for improvement in the care of the most vulnerable people. The two institutions jointly undertook a series of projects to verify and remedy the findings.
The Tribunal de protection de l'adulte et de l’enfant (TPAE) has for its part launched a
project to provide a better framework for the protection mandate.
The projects
The Judicial power’s agent’s management project aims to improve the management and support of court-appointed agents, i.e., professional, private, and institutional deputies, as well as probate agents appointed by the Justice of the peace.
To better assist and support the most vulnerable adults in the canton of Geneva, the Department of Social Cohesion (DSC) and the Judicial power have also launched an ambitious program entitled ‘’Repenser la protection de l'adulte pour l’avenir’’ (RePAir).
Agent management
Launched in February 2021 by the Judicial power, the Agents’ management project aims to define the main principles applicable to the administration of mandates entrusted by the Tribunal de protection de l'adulte et de l'enfant (TPAE), mainly to deputies and court appointed probate agents.
Working groups made up of TPAE staff and magistrates as well as representatives of the partners (private or institutional agents, i.e. SPAd and SPMi) are currently taking stock of current practices, identifying opportunities or needs for change and working towards their implementation.
The project is broken down into various lines of action:
Main principles
- Define the rules and main principles applicable to the administration of mandates: recruitment, appointment, tasks of the person in charge of the mandate and succession; development of tools to optimize the implementation of mandates.
Agents’ register
- Set up a register containing all relevant information on all private professional agents, to facilitate identification of the agent best suited to the needs and specific situation of the individual concerned.
Steering the measure and monitoring the protected person's situation
- Review supervisory rules and establish a new model for monitoring the activities of agents in Geneva.
Rethinking adult protection for the future (RePAir)
Launched in January 2023 and co-directed by the Department of Social Cohesion (DSC) and the Judicial power, the RePAir program aims to provide better administrative, legal, social, medical or financial protection for the most vulnerable people, until they regain their autonomy (whenever possible) and while respecting their right to self-determination.
The aim of the program is to rethink the cantonal adult protection system to provide even better support and assistance to vulnerable people who are no longer in a position to safeguard their interests themselves, when the support provided by their relatives or by private or public services becomes insufficient.
This is reflected in three main objectives:
- To reinforce the implementation of the principles of subsidiarity* and proportionality in adult protection measures
- To improve the quality of support provided to people subject to an adult protection measure
- To reduce the risk of a return to an adult protection measure after a previous measure has been lifted
This program is cross-functional and covers a broad scope, requiring extensive coordination not only with all partners, but also with other ongoing projects, such as the agent’s management project. The principles of remuneration, as well as strategies for training, coaching, and supporting agents, will be addressed within this framework.
* Principle according to which the protection authority can only take protective measures if the assistance required by the person concerned cannot be provided by his or her family, close friends or by the competent public or private services.
Progress report
A new agent’s register is currently being created
- It centralizes the information needed to identify the agent best suited to the specific needs of the party concerned, while providing better visibility of all the mandates in progress at the TPAE.
- Ultimately, it will serve both as a tool to meet the needs of mandate management and as a means of steering the court's activity.
New work processes and revised tools and forms
The documentation developed within this framework (forms, report templates, procedures, etc.) is gradually being made available on the page dedicated to deputies. The initial focus is on the format of the various reports and accounts.
