Since January 1, 2013, the revised Swiss Child and Adult Protection Act allows legally capable individuals to make early provisions through an advance directive (Vorsorgeauftrag) in the event of incapacity, for example due to an accident, serious illness, or age-related weakness.

Objectives of the Reform
With the replacement of the old guardianship law, key principles were introduced, such as promoting self-determination, implementing individual measures instead of blanket interventions, and strengthening family solidarity. Since then, the right to self-determination can be exercised through a living will (Patientenverfügung) and an advance directive (Vorsorgeauftrag).

If No Directive Has Been Made
If no advance directive exists and statutory representation rights (e.g., partner representation) are insufficient, the Child and Adult Protection Authority (KESB) intervenes. It appoints an appropriate form of guardianship—supportive, representative, participatory, or comprehensive—and designates a suitable person, usually a professional from the authority, less often a private person proposed by the individual.

What Does the Advance Directive Regulate?
An advance directive allows a legally capable person to designate who should represent their interests in case of incapacity. The appointed person can take on responsibilities for personal care, asset management, or legal representation. Once incapacity occurs, the KESB appoints the designated person if they are deemed suitable. Ongoing supervision by the authority is not required.

Requirements
The advance directive can only be established by a competent adult who is not under comprehensive guardianship.

What does Personal Care Include?
The person appointed for personal care is responsible for ensuring the individual’s well-being and an orderly daily life. This includes, in particular, regulating the individual’s living situation and initiating all necessary health measures (if no living will is in place).

What does Asset Management Include?
The person or legal entity entrusted with asset management is responsible for managing the entire estate, filing tax declarations, and representing the individual in financial matters.

Effective Date
The advance directive becomes effective once the KESB determines incapacity, evaluates the suitability of the appointed person, and issues a validation order.

Form Requirements
The advance directive can be:
- Handwritten: Entirely written by hand, dated, and signed, or
- Notarized: Publicly certified (recommended – increases legal certainty and acceptance by the KESB)

It is also advisable to file the advance directive with the competent authority for a fee. Banks, notaries, lawyers, or trusted persons can also serve as repositories.

«Exercise your right to self-determination and decide who will responsibly manage your care and assets in the event of incapacity.»

For an initial, free, and non-binding information session, please contact us by email (kontaktanfrage@vpz.ch) or call our free VPZ hotline at 0800 822 288 to schedule an appointment directly with your consulting specialist. A holistic and forward-looking planning approach coordinates your situation, identifies opportunities for optimization, and ensures long-term success.