Loss of mental capacity Make clear arrangements with an advance care directive

A loss of mental capacity can occur gradually or indeed very suddenly, usually due to illness or accident. When it happens, a spouse or registered partner living in the same household can represent you, but only for decisions required to cover your subsistence needs.

If you would like someone close to you to be able to settle your personal, financial and legal matters on your behalf, you can set up an advance care directive.

As a legally competent individual residing in Switzerland, you can arrange, amend or revoke an advance care directive at any time. You may formulate the document yourself. You must either write it out in full by hand, adding a date and signature, or you can draw it up with the help of an accredited notary. You can find templates and examples of advance care directives online. It is best to provide a copy to the representative and to tell them where you have stored the original.

In the event of a loss of mental capacity without an advance care directive or legally recognized partner present, the Child and Adult Protection Authorities (KESB) responsible for your place of residence will assign a support person. This person will exercise the right to act as your representative on your behalf and in coordination with the KESB.

If you have not provided an advance care directive but there is a legally recognized partner present, all decisions that go beyond coverage of the affected person’s living costs will require the involvement of the KESB. This can apply, for example, to the sale and mortgaging of residential property or to complex financial transactions.

Did you know that there is no legal right of representation for common-law partnerships?

You are largely free to decide who you nominate in your advance care directive. The person(s) must be of legal age and capable of sound judgment, both when you nominate them and when you are deemed to have lost your mental capacity. The person you have chosen must also agree to perform the role. You may also select several people or a legal entity.

When an individual loses their mental capacity, the KESB checks whether a valid advance care directive exists and if the person nominated therein can act as representative. If these conditions are met, the KESB will issue a validation decision to the nominated person. This document authorizes them to perform the tasks described in the advance care directive, enabling them to act in accordance with your wishes.