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.
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.
Three tools, side by side
| Power of attorney | Advance care directive | Deputyship | |
|---|---|---|---|
| What it’s for | Having someone act for you while you can decide | Choosing who will act for you if you lose capacity of judgement | Support if you can no longer manage your own affairs |
| Who chooses the person | You | You | The child and adult protection authority (KESB), which follows your wishes if the person is suitable |
| How it’s done | In writing is best; banks often ask for their own form | Entirely handwritten, dated and signed, or as a notarised deed | You can name your preferred person in advance |
| Who oversees it | You | The KESB, if needed | The KESB |
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.
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)
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.
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.
Add and write
A copy of the document and the practical instructions, in a Documents capsule.
Choose who will receive it
The person you’ve named, and perhaps your back-up too.
Choose when
When your Guardian confirms the time has come, or on a set date.
Advance care directive: frequently asked questions
Any other questions? Write to us via Help.
Other words, for other moments
Choose who will look
after your things.
Start by writing the practical instructions for the person you have in mind.