Guide · People you trust

Advance care directive, power of attorney and deputyship.
Choosing someone you trust, today.

There may be a time when you can’t look after your home, your finances and your decisions. If you haven’t chosen anyone, the law decides who will do it for you. If you choose today, it will be someone you trust.

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Someone you trustChosen by you
What a power of attorney is

What a power of attorney is, in plain words

With a power of attorney you give someone the authority to act for you: sign, pay, manage an account, sell something. It can cover a single matter (special power of attorney) or all your affairs (general power of attorney).

One important limit. An ordinary power of attorney is designed for the time when you can make your own decisions. If you lose that capacity, it may not be enough: that’s why Swiss law provides the advance care directive.

The differences

Three tools, side by side

Power of attorneyAdvance care directiveDeputyship
What it’s forHaving someone act for you while you can decideChoosing who will act for you if you lose capacity of judgementSupport if you can no longer manage your own affairs
Who chooses the personYouYouThe child and adult protection authority (KESB), which follows your wishes if the person is suitable
How it’s doneIn writing is best; banks often ask for their own formEntirely handwritten, dated and signed, or as a notarised deedYou can name your preferred person in advance
Who oversees itYouThe KESB, if neededThe KESB
Deputyship

What a deputyship is

In Switzerland, a deputyship is the measure the KESB puts in place when someone, even just for a while, can no longer manage their own affairs and there is no advance care directive or other support that is enough. It’s set out in the Swiss Civil Code (arts. 390 ff.).

  • Who appoints the deputyThe KESB where the person lives.
  • Who can ask for itThe person concerned or someone close to them; the KESB can also act on its own. Anyone can let the KESB know that someone needs help.
  • What it coversOnly the tasks the KESB sets out, tailored to the person. For everything else, the person keeps deciding for themselves wherever possible.
  • How to name someone todayYou can say in advance who you’d like as your deputy. If that person is suitable and willing, the KESB appoints them.
In practice

How it works in Switzerland

Advance care directive

  • An advance care directive can cover personal care, your finances and representation in legal matters: all together or only some of them.
  • It must be entirely handwritten, dated and signed, or drawn up as a notarised deed.
  • It’s worth asking the civil register office to record in the Infostar register that it exists and where it’s kept: that way it’s easy to find.
  • You can revoke it at any time, in one of the same forms or by destroying the document.
  • Without one, a spouse or registered partner who lives with you or supports you has some limited powers; for everything else, the KESB decides.

Swiss Civil Code, arts. 360–369 · Source: Geneva judiciary, adult protection

Power of attorney and deputyship

  • An ordinary power of attorney, general or special, is meant for the time when you can decide; banks often ask for their own form.
  • If one day you could no longer manage your affairs, the KESB can set up a deputyship, with tasks tailored to you.
  • You can say today who you’d like as your deputy, for example in your advance care directive. The KESB follows your wish if the person is suitable.

Swiss Civil Code, arts. 374 and 390–401 · Source: Swiss Civil Code (English)

Choosing the right person

How to choose the right person

  • Someone you really trustNot necessarily your closest relative.
  • Someone with the time and the willingnessIt’s a commitment: ask them openly.
  • Someone who knows youWho knows your habits and values, or is willing to learn them.
  • A back-up personIn case the first can’t.

Talk to a notary, a lawyer or an advice service too: they’ll help you choose the right tool for your situation.

With Erabox

A copy and practical instructions, for the person you’ve chosen

Erabox doesn’t replace powers of attorney, advance care directives or notarised deeds. But you can keep a copy of the document and, alongside it, the instructions the person looking after your affairs will need: where your papers are, which banks, which deadlines.

1

Add and write

A copy of the document and the practical instructions, in a Documents capsule.

2

Choose who will receive it

The person you’ve named, and perhaps your back-up too.

3

Choose when

When your Guardian confirms the time has come, or on a set date.

See how it works
Frequently asked questions

Advance care directive: frequently asked questions

Any other questions? Write to us via Help.

It’s a measure set up by the child and adult protection authority (KESB) to support someone who can no longer manage their own affairs. The deputy only has the tasks the KESB assigns.
You grant a power of attorney yourself, while you can decide. A deputyship is set up by the KESB when you can no longer manage your affairs; but you can say today who you’d like as your deputy.
A power of attorney lets someone act for you while you can decide. An advance care directive is designed for exactly the time when you no longer can.
It can, as part of personal care. For your wishes about specific treatments, a living will is clearer. Many people make both.
No. You can write it entirely by hand, then date and sign it. Alternatively, you can have it drawn up as a notarised deed.
Yes. A power of attorney, an advance care directive and your choice of deputy can all be revoked or changed, in the required form.
No. Erabox keeps a copy of your documents and your instructions safe, and delivers them to the people you choose.
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Start by writing the practical instructions for the person you have in mind.

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