Vorsorgeauftrag Schweiz: Alles, was Sie wissen müssen
An advance care directive regulates who decides for you when you are no longer able to do so yourself. In Switzerland, every person with capacity can create an advance care directive, specifying who takes over personal care, asset management and legal representation. Learn here how to create an advance care directive, what it must contain and how it differs from a patient decree.
What is an advance care directive?
An advance care directive is a legal document with which you commission one or more trusted persons to act on your behalf if you become permanently incapacitated. The advance care directive is regulated in the Swiss Civil Code (ZGB Art. 360-369) and has been part of the new adult protection law since 1 January 2013.
With an advance care directive, you can determine who takes care of your personal affairs (personal care), who manages your assets (asset management) and who represents you in legal dealings. Without an advance care directive, the Child and Adult Protection Authority (KESB) decides who takes over these tasks.
The advance care directive only takes effect when the KESB has established incapacity and declared the directive effective.
Creating an advance care directive
You can create an advance care directive in two ways: either entirely handwritten or through notarial certification. In both cases, the directive must be dated and signed.
What must the advance care directive contain?
A complete advance care directive regulates three central areas:
- Personal care: Who takes care of your support, nursing, health and living situation? Who decides on medical treatments?
- Asset management: Who manages your finances, pays bills, manages bank accounts and properties?
- Legal dealings: Who represents you before authorities, enters into or terminates contracts?
Step by step
- Choose trusted person(s): Select one or more people to represent your interests. Also name a substitute
- Define tasks: Determine which areas (personal care, asset management, legal dealings) the appointed person should take over
- Write by hand or have it notarised
- Date and signature: Both are mandatory
- Storage: Deposit the advance care directive in a safe place and report the storage location to the civil registry office
Must an advance care directive be handwritten?
Yes, an advance care directive must either be entirely handwritten (including date and signature) or notarially certified. A computer-written directive that is only signed is not valid.
With the handwritten version, the entire text must be written by hand, not just the signature. This serves security and ensures that the directive actually comes from the principal.
Alternatively, you can have the advance care directive notarised. In this case, the text may be typed on a computer. Notarial certification offers additional legal certainty and is particularly recommended for complex financial situations.
Difference from patient decree and general power of attorney
| Document | Purpose | Validity |
|---|---|---|
| Advance care directive | Representation in personal care, asset management and legal dealings | Upon permanent incapacity (confirmed by KESB) |
| Patient decree | Record medical treatment wishes | Upon incapacity (medical decisions) |
| General power of attorney | Comprehensive representation in all matters | Immediately valid (also when capable) |
While the advance care directive only takes effect upon incapacity, the patient decree exclusively regulates medical wishes. A general power of attorney, on the other hand, is immediately valid and generally expires upon incapacity. Ideally, these documents complement each other.
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