Advance care directive –
your voice when you must stay silent
Designate now who will make decisions on your behalf if illness, accident or dementia prevents you from doing so yourself.
Representation in case of incapacity
An advance care directive is a legal document by which you designate one or more trusted people to represent you in all areas of life if you become incapable of judgement. It has been regulated in Switzerland in the Civil Code (CC Art. 360–369) since 1 January 2013.
The directive only comes into force when APEA officially determines your incapacity of judgement. Until that moment, you retain all your decision-making rights.
Difference from a power of attorney: An ordinary power of attorney expires if you become incapable. An advance care directive, on the other hand, comes precisely INTO FORCE at that moment.
How to write my directive
Choose a trusted person
Choose someone you trust completely – partner, siblings, children, close friends. You can also designate several people with different areas of responsibility.
Define areas of responsibility
Personal care (place of residence, nursing), asset management (paying bills, banking) and/or legal representation before authorities. You can limit or expand each area individually.
Write entirely by hand
The directive MUST be written entirely by hand – from first to last letter. No computer, no printed template. Date (day, month, year) and signature are mandatory.
File at the civil registry office
Submit the original to the civil registry office of your place of residence. The existence of the document is recorded in the federal database Infostar – APEA can thus find it when needed.
Inform the designated person
Tell the designated person that they are named in the document and where it is kept. Discuss your wishes openly – this avoids a great deal of uncertainty in an emergency.
Areas of the directive
Without a directive: APEA decides
Without a valid directive, APEA takes control and may appoint a guardian – often a stranger to the family. This process can be lengthy, costly and result in decisions contrary to your wishes.
What many people want to know
Yes. You can designate several people with different areas of responsibility – for example one person for medical decisions and another for finances. You can also name a substitute person.
You can designate a substitute person in the directive. If that person is also unavailable, APEA intervenes and appoints a legal representative.
Yes, at any time – as long as you have capacity of judgement. You can destroy it or write a new directive that expressly revokes the old one. Notify the civil registry office of the revocation.
Questions about the advance
care directive?
We advise you free of charge and personally. Call us or send us a message.