Fragen rund um die Handlungsfähigkeit bzw. Urteilsfähigkeit, namentlich aus der notariellen Pra

The adult protection law has been in effect for about ten years and has established itself in practice. The focus is particularly on questions of capacity to act and judgment. Notaries are required to assess the capacity of the parties when certifying legal transactions. A central requirement is the capacity for judgment, which must be understood in both a factual and temporal context. Compared to clarifying legal adulthood or the absence of measures restricting capacity under adult protection law, assessing capacity for judgment is more challenging. What options does the certifying person have regarding the assessment of capacity for judgment, and what specific steps should they take? PD Dr. med. Dr. phil. Manuel Trachsel and Prof. Dr. med. Dr. phil. Nikola Biller-Andorno explain capacity for judgment and its assessment from a medical and ethical perspective. The contribution by Prof. Dr. iur. Stephan Wolf and BLaw Tim Krebs addresses capacity to act, particularly capacity for judgment, and its assessment by the notary. Finally, Prof. Dr. iur. Yvo Biderbost discusses the significance of capacity to act and capacity for judgment in the context of child and adult protection law.