Advance Care Directive

An advance care directive order lets you and your family determine who will look after you and who will handle your property, should you lose your capability to act.

On January 1, 2013 the new Swiss law for the protection of adults entered into force. Although this new law abolished guardianship and the official legal advisor, the deputyship was preserved. In case of loss of judgement when no precautions were taken the Child and Adult Protection Authority (KESB) orders a deputyship by law.

Married couples in particular should enlarge their "freedom of action" by writing down their advance care directives. By law, i.e. in the absence of an advance care directive, the spouse can only act as a representative to sustain the maintenance and all regular financial management of income, wealth and property. Once a conflicting interest occurs, such as the selling of a co-owned property or the renewal of a mortgage, a deputyship by law is ordered.

If you don't want a deputyship by law (engaged by the KESB) to handle you affairs, you should appoint a person of your trust to act as your deputy.

A personal consulting on the advance care directive will help you to:

1. Compile an advance care directive order that meets legal requirements.
2. Learn what qualifications the person appointed as deputy requires to pass the KESB validation process.
3. Know which additional proxies should be established.
4. Understand the difference between a living will (i.e. advance health care directive) and the advance care directive.

The advance care directive will enter into force not only if someone suffers from a degenerative disease like Alzheimer or Parkinson. It also comes into force if someone suffers from a temporary inability to act (e.g. through illness or accident). Once judgement returns the advance care directive terminates.

More information on this subject can be found in the download area that is only visible on tablets and computers.

Feel free to contact us for more information on the procedure of a advance care directive.