Deputies and protection appointees

There are several types of agents, the main ones being:

• The deputy (for the protection of the adult and the child)
• The guardian (for the protection of the child only)

In the management of estates, the court appoints the following estate agents, in particular:

• The ex-officio administrator
• The official liquidator
• The representative of the community of heirs

Note that the executor is not a court-appointed agent but an agent appointed by the deceased.

Appointment

The court appoints the person or persons to whom it entrusts the execution of a mandate. The person chosen is always free to accept or refuse the mission entrusted to him/her.

The appointee must have the skills and knowledge necessary to perform the tasks assigned to him/her and must perform them in person.

Mission

The tasks to be performed are specified in a decision. They are set according to the needs of the person to be protected or the acts of estate management to be performed. This decision indicates the scope of the powers vested in the appointee but also the limits of his/her duties. These are the activities that the appointee will have to carry out and for which he/she will be accountable to the court, throughout the duration of his/her mandate.

Obligations

Each appointee is subject to the principle of secrecy. While he/she is entitled, for the performance of his/her duties, to disclose to third parties the existence of his/her mandate, he/she may not disclose any information about the person or property under his/her care, unless overriding interests, such as the safety of the protected person, so require. In this case, the appointee must apply to the court to have his/her secrecy lifted.

All apointees of the court are also subject to a duty of care. This means that they must perform their duties with care and speed.

If there are new facts that justify the modification or lifting of the measure, the appointee must immediately inform the court.

Remuneration

The remuneration of the appointee is determined by the court on the basis of cantonal regulations and tariffs.

Supervison

In order to ensure that they are performing their duties properly, the court shall monitor the activity of all agents appointed by the court by the following means:

• The inventory of assets, which must be drawn up automatically by the appointee at the beginning of the mandate, makes it possible to list all the assets that he/she must manage when his/her task involves the management of an estate.
• The financial reporting, which shows the income, expenses, and changes in assets and debts, when the activity concerns the management of a person's assets.
• The annual report, which outlines the progress of the situation during the mandate.
• The consent of the court to some acts which are not part of the ordinary management activities.

The court’s supervisory role is carried out at the frequency determined by the court in light of the circumstances, but at least every 2 years. At any time, the court may intervene with the appointee to give him/her instructions or ask for additional information on his/her activity.

When an appointee fails in his/her duty by unjustified acts or omissions, a complaint may be filed with the court by any interested person. To do so, the plaintiff must send a letter to the court explaining the situation as precisely as possible.

End of mandate

The mandate ends when the court considers that the measure is no longer necessary. In this case, the court issues a decision that terminates the measure and the mandate.

The mandate can also end automatically. This is the case when the person under the measure dies, the child reaches the age of majority or the estate is definitively divided.

The appointee may also be discharged of his/her functions and replaced by a new appointee, upon the decision of the court and when the circumstances so warrant.

In the event of removal, the appointee remains obliged to fulfil his/her mission until the appointment of his/her successor.

The role of the deputy adults is to assist a person in a particularly vulnerable situation.

Appointment

The court shall primarily entrust the mandate to the person chosen by the concerned person, or to relatives.

In the absence of proposals or relatives, or if these persons are not suitable to assume the mandate, the court shall appoint a professional deputy depending on the wealth of the concerned person.

If the assets are less than Fr. 50'000.-, the mandate will be carried out by employees of the Adult protection Service (SPAd) called official deputies.

If the assets exceed Fr. 50'000.-, the court appoints a professional (social worker, psychologist, trustee, lawyer, etc.) to act as private deputy.

An adult deputy may therefore be:

• A relative of the concerned person
• An official deputy appointed from the staff of the Adult protection Service (SPAd)
• A private deputy, a professional in social work, financial management, law, etc.

Duties

A deputy in adult protection may have the following tasks:

• Personal assistance (organisation of daily life and leisure activities, personal care, medical supervision, suitable living space, education and vocational training, etc.)
• Management of financial affairs (management of income and other assets as well as debts, etc.)
• Management of administrative affairs (budgeting, payment of bills, applications for social benefits, mail processing, various administrative procedures, representation before third parties)
• Management of legal affairs (conclusion of contracts, legal representation, etc.)
• Medical decisions (understanding diagnoses, choice of care, treatment follow-up, etc.)

Remuneration

Remuneration is regulated and differs according to the type of appointee:

• Relatives in principle carry out their activity free of charge.
• Official appointees are paid by the State of Geneva. When the wealth of the person concerned allows it, they may charge a contribution to their costs.
• Professional private appointees are entitled to appropriate remuneration, determined on the basis of an hourly rate, as well as to reimbursement of justified expenses. This remuneration is determined by the court and is paid out of the property of the person under deputyship.

Responsibility

The State is liable for any damage caused in connection with measures taken by the court. In such a case, the injured party may first contact the Legal affairs Department of the Judiciary Power

The deputy nevertheless remains responsible for his/her actions and may be required to reimburse the State for the amount of damage caused.

The primary role of the child's deputy is to support the parents in their role, to represent the child or to oversee the relationship between the child and his/her parents.

Appointment

In principle, relatives of the child cannot be appointed as deputies of the child because of potential conflicts of interest.

If the financial capacity of the parents and the nature of the mission so permit, the court will normally appoint a private deputy. If not, the court will call upon the department responsible for the protection of minors (the Minor protection Service – SPMi) to appoint staff to carry out the mandate as official deputies.

A child's deputy may therefore be:

• An official deputy appointed from the staff of the minor protection Service (SPMi)
• A private deputy, a professional in social work, education, law, etc.

Duties

A deputy for child protection may have the following tasks:

• Support and advice to parents in educational matters
• Monitoring the evolution of the child's situation (powers to investigate and monitor the situation)
• Organisation and supervision of personal relations (visiting rights)
• Managing the child's property
• Undertaking steps to collect the child's maintenance claim or other rights
• Defending the child's interests in legal proceedings

Remuneration

Remuneration is regulated and differs according to the type of appointee:

• Official appointees are paid by the State of Geneva. In cases of supervision deputyship of personal relations, a fixed annual fee of between Fr. 200.- and Fr. 5'000.- is charged to the parents for the duration of the measure.
• Professional private appointees are entitled to appropriate remuneration, determined on the basis of an hourly rate, as well as to reimbursement of justified expenses. This remuneration is determined by the court and is paid out of the parent's property by virtue of their duty of maintenance.

Responsibility

The State is liable for any damage caused in connection with measures taken by the court. In such a case, the injured child or his/her representatives may first contact the Legal affairs Department of the Judiciary Power.

The deputy nevertheless remains responsible for his/her actions and may be required to reimburse the State for the amount of damage caused.

When a child is an orphan, when the parents are subject to a general deputyship or are otherwise deprived of their parental responsibility, the court places the child under guardianship.

The guardian's mission is to take the place of the parents and replace them in the exercise of their rights and duties with respect to the child.

Appointment

Whenever possible, the court assigns the mandate to relatives.

If there are no relatives or if they are not capable of assuming the mandate, the court calls upon the department responsible for the protection of minors (the Minor protection Service – SPMi) to appoint staff to carry out the mandate as official guardians.

A guardian may therefore be:

• A relative of the child
• An official guardian appointed from the staff of the Minor protection Service (SPMi)

Duties

The guardian has the same rights and duties as the parents. He/she is responsible for representing the child, managing the child's property, choosing the child's place of residence and making important decisions for the child's well-being and development until the child reaches the age of majority.

Remuneration

Remuneration is regulated and differs according to the type of appointee:

• Relatives in principle carry out their activity free of charge.
• Official appointees are paid by the State of Geneva.

Responsibility

The State is liable for any damage caused in connection with measures taken by the court. In such a case, the injured child or his/her representatives may first contact the Legal affairs Service of the Judiciary Power.

The guardian nevertheless remains responsible for his/her actions and may be required to reimburse the State for the amount of damage caused.

When the heirs of an estate are not determined with certainty from the beginning (identification, location, contestation of the status of heir, etc.) and the estate contains more assets than debts, the court appoints an administrator.

Appointment

In principle, heirs cannot be appointed as administrators because of potential conflicts of interest.

If the estate's assets are less than Fr. 8'000.-, the court reports the case to the Tribunal de première instance, which entrusts the Cantonal bankruptcy Office with liquidating the estate.

If the estate's assets exceed Fr. 8'000.-, the court appoints a professional (trustee, asset manager, lawyer, notary, etc.) to act as a private administrator.

Duties

The appointed administrator is responsible for preserving all assets of the estate until the heirs can be determined with certainty.

His/her main duties are to:

• Collect and hold the property of the estate
• Draw up an inventory of the estate's assets and debt
• Search for unknown or unlocated heirs
• Perform acts of management necessary to preserve the value of the estate
• Represent the community of heirs in place of the heirs until they are all finally determined

In this context, he/she acts in the interest of all the heirs.

Remuneration

The appointed administrator is entitled to appropriate remuneration, determined on the basis of an hourly rate applicable to the deputies, as well as to reimbursement of justified expenses. This remuneration is determined by the court and is deducted from the assets of the estate.

Responsibility

The appointed administrator is liable for any damage caused during the exercise of his/her mandate. In this case, the heirs may apply directly to the administrator or take legal action against him/her.

However, the State remains liable for failures or errors in the appointment of the administrator, in the instructions given to him/her or in the supervision of his/her activity.

Official liquidation is a special way of settling an estate. It involves the appointment of a liquidator who will be responsible for selling all of the estate's assets in order to pay the deceased's creditors and then to give the heirs the balance, if any, after deducting his/her fees.

Appointment

In principle, heirs cannot be appointed as liquidators because of potential conflicts of interest.

If the estate's assets are less than Fr. 8'000.-, the court reports the case to the Tribunal de première instance, which entrusts the Cantonal bankruptcy Office with liquidating the estate.

If the estate's assets exceed Fr. 8'000.-, the court appoints a professional (trustee, asset manager, jurist, lawyer, notary, etc.) who will be responsible for the mandate as an official liquidator.

Duties

The main duties of the official liquidator are to:

• Collect and hold the property of the estate
• Distribute legacies
• Perform all acts of management necessary to receive claims and pay debts
• Sell all assets of the estate (furniture, real estate, investment funds, etc.) and convert them into cash
• Represent the community of heirs in place of the heirs until all debts are paid and claims are received

In this context, he/she acts in the interest of all the heirs.

Remuneration

The remuneration of the official private liquidator is determined by agreement between the agent and the heirs. In the event of a dispute, the court shall determine the equitable compensation due to the agent. He/she is entitled to reimbursement of justified expenses.

Responsibility

The official liquidator is liable for any damage caused during the exercise of his/her mandate. In this case, the heirs may apply directly to him/her or take legal action against him/her.

However, the State remains liable for failures or errors in the appointment of the official liquidator, in the instructions given to him/her or in the supervision of his/her activity.

At the request of an heir, the court may appoint a representative for the community of heirs until the estate is divided when, for example, there is a blockage due to a conflict between the heirs or when one of them is absent.

Appointment

In principle, heirs cannot be appointed as representatives of the community of heirs because of potential conflicts of interest.

Therefore, a private representative will be appointed.

Duties

The main duties of the representative of the community of heirs are to:

• Collect and hold the properties of the estate
• Distribute legacies
• Administer and manage the entire estate (pay debts, sell properties, make commitments, etc.)
• Represent the community of heirs in place of the heirs until the estate is divided or the measure is terminated

Within this framework, he/she is autonomous in making decisions while acting in the sole interest of the community of heirs.

Remuneration

The remuneration of the representative of the community of heirs shall be determined by agreement between the representative and the heirs. In the event of a dispute, the court shall determine the equitable compensation due to the agent. He/she is entitled to reimbursement of justified expenses.

Responsibility

The representative of the community of heirs is liable for any damage caused during the exercise of his/her mandate. In this case, the heirs may apply directly to him/her or take legal action against him/her.

The mission of the court agent support Office is to answer general questions about the management of the mandate.

• It provides support and guidance to deputies and appointees of the Tribunal de protection de l'adulte et de l'enfant.
• It organizes information sessions for newly appointed agents.
• It also provides information to anyone wishing to become an appointee.

The court agent support Office is not authorized to provide information on procedures, nor to give legal advice.

You may contact the court agent support Office in writing or by e-mail.