Adult protection
Specialized legal advice on divorce, child matters, asset protection, and modern family law.
Adult protection determines who will act on your behalf if you are no longer able to do so yourself—due to illness, an accident, or old age. Three key instruments are central to this system: the advance care directive (you designate your representative in advance), the living will (you specify medical decisions), and court-appointed guardianship if no provisions have been made. Since the 2013 reform of adult protection law, the guiding principle has been: as much self-determination as possible, as little intervention as necessary. We will help you determine which tool is right for your situation—whether for yourself or for a loved one.
Adult guardianship is a matter of trust. It involves the most personal decisions of all—who speaks on your behalf, who manages your assets, and who makes medical decisions when you are no longer able to do so yourself. Mandates like these belong in reliable hands: we have always focused exclusively on family law and are highly specialized. We are no anonymous firm with constantly changing staff and a heavy reliance on delegation; instead, we offer personal, close support—over the years, with a single point of contact.
Good advance planning is a strategy, not just a form. A power of attorney that does not take effect in an emergency due to formal insufficiencies does more harm than good. That is why, when your case requires it, we work together with financial planners, doctors, psychologists, and communication specialists—in a coordinated and discreet manner. Our discretion is the foundation of your trust.
When the interests of a vulnerable family member are at stake, we stand by your side—and if necessary, we will fight together for the right solution, also when dealing with government agencies. If a situation suddenly deteriorates, we will take immediate action.
The firm operates in German- and French-speaking Switzerland and collaborates with partner firms in more than 80 countries worldwide on cross-border cases—which is essential whenever residence, assets, or family members are spread across national borders.
What is your current
situation?
Arranging care for a family member. When a parent, partner, or adult child can no longer care for themselves, it is important to find the right solution quickly—from legal representation by family members to a customized guardianship arrangement. We will work with you to determine what is necessary and what is not.
When a government measure is necessary. Since 2013, Switzerland has moved away from legal incapacitation in favor of tailored guardianships—as much assistance as needed, as little intervention as possible. We guide you through the proceedings before the authorities and review every measure to ensure it is proportionate.
Make your own arrangements while you are still able to take decisions. With a living will (Art. 370 of the Swiss Civil Code) and an advance care directive (Art. 360 of the Swiss Civil Code), you can specify in advance who will act on your behalf and what medical decisions you accept. Both must be drawn up in the proper form—and, if they involve foreign elements, they must also be recognized across national borders.
The power of attorney for personal care (Art. 360 of the Swiss Civil Code) comprehensively governs who will assume responsibility for your personal care, asset management, and legal representation if you become incapable of making decisions. The advance healthcare directive (Art. 370 of the Swiss Civil Code) applies only to medical decisions—specifically, which treatments you wish to receive or refuse. It makes sense to have both: the power of attorney designates a person, while the advance healthcare directive specifies your medical wishes.
In that case, legal representation takes effect: spouses and registered partners may act on certain matters, and in the case of medical decisions, other relatives may also act in accordance with the legal order of succession. If that is not sufficient, the Child and Adult Protection Authority will establish a guardianship. With a power of attorney for personal care, you retain control over who makes these decisions—rather than leaving it up to the authorities.
A power of attorney for personal care must either be written entirely by hand, dated, and signed, or notarized—otherwise, it is invalid. In terms of content, you specify who will take on which responsibilities. A common mistake is using wording that is too vague, which may not hold up later on and render the entire document void. We ensure that your directive meets all formal requirements and will actually work when the time comes.
First, check whether a power of attorney for personal care or a living will exists—if so, those instructions take precedence. If neither exists, close relatives may act as legal representatives to a certain extent; for more far-reaching measures, a guardianship appointed by the authorities is required. We will help you quickly find the right and proportionate solution—and represent you throughout the process.
Not automatically. The Hague Convention on the Protection of Adults, which has been in force in Switzerland since 2009, facilitates cross-border recognition—but only between contracting states and under certain conditions. Anyone who has a residence, assets, or relatives in multiple countries should structure their care planning so that it is effective everywhere. That is exactly what we will review for you.