Advance care directive &
Living will
With a power of attorney (Art. 360 of the Swiss Civil Code), you designate in advance who will be responsible for your personal care, the management of your assets, and your legal representation in the event that you become incapable of making decisions. The advance healthcare directive (Art. 370 Swiss Civil Code) separately specifies which medical treatments you wish to receive or refuse. Both documents must be drawn up in accordance with legal formalities—either written entirely in your own handwriting and signed, or notarized—and can be amended at any time as long as you are of sound mind. Without these precautions, at best the limited statutory right of representation held by spouses will apply; otherwise, a judge will make decisions within the framework of a guardianship. We draft both documents in a legally sound manner and, if necessary, coordinate them with foreign assets and residency.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
A power of attorney for personal care and a living will are often confused, but they address different matters.
- The power of attorney for personal care is the more comprehensive document: it determines who will provide personal care, who will manage your assets, and who will legally represent you in dealings with government agencies, banks, and contractual partners.
- The advance medical directive is more narrowly defined and concerns exclusively medical decisions—specifically, which treatments should be provided and which should not in the event of a medical emergency.
It generally makes sense to combine both instruments: The power of attorney designates the authorized representative, while the advance healthcare directive sets the medical parameters for that representative’s actions.
In a power of attorney for personal care, you specify who will act on your behalf in the event that you become incapacitated and to what extent. You can grant comprehensive authority or limit it to specific areas—such as only the management of your assets or only representation before government agencies. Unlike the spouse’s statutory right of representation, you have complete freedom to choose the person authorized to represent you: you may also appoint someone outside the family, such as a long-term partner who is not in a registered partnership.
In your advance directive, you specify which medical treatments you consent to and which you refuse in the event that you become incapacitated. You can also designate a person to discuss your treatment with your doctors in case of uncertainty. The treating medical team is generally bound by a valid advance directive; deviations are permitted only in narrow, legally defined exceptional cases. We draft the advance directive in such specific terms that it actually provides guidance in an emergency.
Both documents are subject to strict formal requirements:
The care power of attorney must either be written entirely by hand, dated, and signed, or notarized. A version typed on a computer and merely signed is invalid.
The advance healthcare directive must be in writing, dated, and signed.
Both documents must be easily understandable, clear and enforceable. In the event of an emergency, errors in form will result in the document not being recognized, and the statutory fallback provision—the spouse’s right of representation or guardianship by the authorities—will apply.
A power of attorney for personal care does not take effect automatically as soon as it is signed. If the person loses legal capacity, a judge will review whether the power of attorney was validly established, whether it covers the current situation, and whether the designated person is suitable. Only then does it grant the relevant powers. Voluntarily filing the document with the advance care planning registry ensures that the authorities will be able to locate it in an emergency.
INTERNATIONAL SITUATIONS: WHEN ASSETS AND FAMILY MEMBERS ARE SPREAD ACROSS BORDERS
For families living abroad and with international wealth who have ties to Switzerland, this is the crucial point: A Swiss advance care directive is not automatically recognized in every country. The Hague Convention on the Protection of Adults governs cross-border recognition among the contracting states. When assets, real estate, or residences are located outside this scope, additional documents that are valid independently in the respective country are often required. We strategically align the Swiss power of attorney for personal care and the living will with foreign legal instruments.
HOW WE PROCEED
Advance care planning is one of the few opportunities where you can make your own decisions rather than having others decide for you later—which is why we take the time to ensure every consultation is thorough. We provide you with personalized and discreet support, grounded in strategy and trust. As a firm specializing in family law, we operate in both German- and French-speaking Switzerland and are here to assist you—working alongside our financial planning network and our international partner network in over 80 countries, as needed.
The advance care power of attorney (Art. 360 of the Swiss Civil Code) comprehensively governs personal care, asset management, and legal representation. The living will (Art. 370 of the Swiss Civil Code) pertains exclusively to medical decisions.
First, the limited statutory right of representation held by the spouse or partner applies (Art. 374 of the Swiss Civil Code). If this is insufficient or if there is no marriage, the judge orders the appointment of a guardian.
Entirely handwritten, dated, and signed by hand—or notarized. A version created on a computer and merely signed is invalid.
Yes, at any time, as long as you are of sound mind. Any amendment or revocation must meet the same strict formal requirements as the original document.
Among the contracting states of the Hague Convention on the Protection of Adults, the Convention facilitates recognition. If assets or residence are located outside this group of states, we will determine whether additional documents are required in the destination country.