I have just received a letter from the Pouvoir Judiciaire concerning the finances of my late aunt's estate. It concludes with the paragraph "[FONT='Arial','sans-serif']Nous attirons expressément votre attention sur les dispositions des articles 454 et ss CCS relatives [/FONT][FONT='Arial','sans-serif']à l’action en responsabilit[/FONT][FONT='Arial','sans-serif']é dont vous disposez contre la curatrice et les autorités de tutelle, et qui se prescit dans le délai d’une année d[/FONT][FONT='Arial','sans-serif']ès r[/FONT][FONT='Arial','sans-serif']éception de la présente." Should I be worried? My only French is very lapsed school girl, so I don't understand the paragraph in full but I do know enough to tell that it is trying to tell me something which may be very important - possibilly about financial legislation? Does anybody have a clue about the content of articles 454 and ss CCS (whatever they may be!)[/FONT]

Apologies, the font appears messed up so here is the message again, hopefully intact:

[FONT='Verdana','sans-serif']I have just received a letter from the Pouvoir Judiciaire concerning the finances of my late aunt's estate. It concludes with the paragraph "Nous attirons expressément votre attention sur les dispositions des articles 454 et ss CCS relatives à l’action en responsabilité dont vous disposez contre la curatrice et les autorités de tutelle, et qui se prescit dans le délai d’une année dès réception de la présente." Should I be worried? My only French is very lapsed school girl, so I don't understand the paragraph in full but I do know enough to tell that it is trying to tell me something which may be very important - possibilly about financial legislation? Does anybody have a clue about the content of articles 454 and ss CCS (whatever they may be!)[/FONT]

What's the swiss connection here?

Section 454 of the "code des obligations" provides a limit of one year for you to claim for any damages in the case under discussion. The letter wants to make sure that you realize that you have only one year to proceed.

What we don't have is the background on why they are mentioning this. It seems you aunt had someone looking after her finances that was assigned by the canton where she lives since she was not able to look after them herself. There may or may not have been an issue with how this was handled.

We would need more of the letter to put things together.

Geneva inheritance tax

What you're saying is more or less correct except for the fact that we're talking about the civil code (zivilgesetzbucht) and not the code of obligations.

The aunt was placed under guardianship which has ended now for whatever reasons. If sarah wants to claim dammages from the guardian or the local authorities she has to do that within a year.

Thanks for the clarification on the civil code (that was what was written on the top of the page I looked at ). The guardianship ended when she died (if I am following the story).

It is still not clear why the administration raised the issue unless this is standard procedure to cover themselves after a person under state guardianship passes away.

without knowing the details I guess that the administration is required to inform the next of kin about their legal rights.

Sorry in the original post in did not mention that my aunt died in Geneva (where she had lived for 50 years), hence the Swiss connection. She did have someone looking after her finances (for the last few years she lived in a home and had Altzimer's disease) but - because it is not my area on expertise - I don't have a clue as to whether this was done correctly or not. The replies to my original message seem to indicate that I am liable for any mistakes that may have been made during this time?

My take (not a lawyer!!!!) is that you can sue them (the caretakers) within a year, if they have done anything wrong. I take it that the authorities are simply informing you:

1. Of your rights
2. Of the time limits within which you must exercise them

Thanks for the clarification. Of course, it would be difficult for me to sue the person who was looking after her money when - frankly - I have not had a clue what has been going on (which is of course a worry as for all I know they could have been helping themselves to it), but if I have any doubts then with the right sort of proof I clearly have 1 year to express my concerns. I just have to hope that the Avocate who has been looking after my aunt's finances is completely honest.

By way of further background, the first paragraph in the letter to me stated "[FONT='Arial','sans-serif']En application des articles 451 et ss CCS, nous vous adressons ci-joint, [/FONT][FONT='Arial','sans-serif']à titre de reddition de comptes, photocopie du rapport de fin de mandat de curatelle dat[/FONT][FONT='Arial','sans-serif']é du 22 mai 2008, établi par XXX[/FONT][FONT='Arial','sans-serif'], avocate". From the replies to the forum it seems that I have 1 year to object.[/FONT]