Can I make an advance directive in Switzerland?
Yes — since the 2013 adult-protection law you can make both. With an advance medical directive (Patientenverfügung), any capable adult sets out their treatment wishes and can name someone to make medical decisions if they lose capacity. Form: written, dated and signed (handwriting not required). With a care mandate (Vorsorgeauftrag), you decide who takes over your personal care, asset management and legal representation if you lose capacity. Form: either entirely handwritten, dated and signed, or notarised. If the situation arises, the KESB (adult-protection authority) reviews and validates the care mandate. In short: yes — the medical directive in writing, the care mandate handwritten or notarised.
📋 The rules
- Medical directive: treatment wishes + representative
- Form: written, dated, signed
- Care mandate: personal care, assets, representation
- Form: handwritten or notarised
- The KESB validates the care mandate
🔓 Exceptions
- Requirement: capacity at the time of making it
- The medical directive binds medical staff directly
- The care mandate takes effect only after KESB review
⚠️ Penalties & fines
This isn't about fines, but the form must be observed: a care mandate that's neither entirely handwritten nor notarised is invalid; a medical directive without a date or signature may be disregarded. Without these documents, the KESB or the law decides on representation if the situation arises. Beware a myth: "my relatives can automatically decide everything for me" is not quite right — a care mandate sets the representation bindingly. Tip: observe the form, store the documents where they can be found, and inform your trusted person and GP.
📎 Official sources
❓ Frequently asked
What is an advance medical directive?
An advance medical directive is a document in which you, as a capable person, set out your treatment wishes and can name someone to decide for you if you lose capacity. It must be written, dated and signed, and binds the medical staff directly when the situation arises.
What is a care mandate?
With a care mandate you decide in advance who takes over your personal care, manages your assets and represents you legally if you lose capacity. It must be either entirely handwritten, dated and signed, or notarised, to be valid. Otherwise it has no legal effect.
What form must I observe?
The medical directive must be written, dated and signed, though it needn't be handwritten. The care mandate has stricter requirements: it must be either handwritten from start to finish, dated and signed, or notarised by an official. Otherwise it's invalid and won't take effect.
What role does the KESB play?
If you lose capacity, the child and adult protection authority, the KESB, reviews your care mandate and confirms that it takes effect. It also supervises the appointed person. A medical directive, by contrast, binds medical staff directly; the KESB is only involved if there's a dispute.
Do I need both documents?
They complement each other. The medical directive covers medical decisions, the care mandate covers personal care, assets and legal representation. It makes sense to make both, so that if the situation arises it's clear who decides what for you, rather than leaving it to the authority alone.
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