Advance directive and patient decree

By writing an advance care directive or a patient decree, it is possible to ensure that one’s will is respected in the event of personal incapacity. This enables people to implement their right to self-determination, which is central to adult protection rights. In the event of an incapacity, it can be determined who is responsible for looking after the interests of the incapacitated person, or which medical measures are desired, and which are not.

An advance care directive in accordance with Art. 360 ff. CC specifies who is to take care of the person, for example who will take the necessary provision to manage their assets in the event of their incapacity as well as who is to be their legal representative in legal transactions. Any natural person and any legal entity can become the relevant agent in an advance care directive. An advance care directive can be limited to certain tasks or be very comprehensive. The tasks assigned to this person should be described as precisely as possible. The author of the directive has the right to give instructions to the agent as to how the tasks are to be performed in concrete terms, and he or she can impose prohibitions as to how something is not to be done. Family law attorneys in Switzerland can assist you in formulating the concrete tasks in an advance directive.

There are formal requirements which apply to the writing of an advance care directive (Art. 361 CO). Either it must be written by hand, dated and signed, or it must be publicly notarized at a notary’s office. These requirements are laid down by law, because the advance directive is a document of great significance and the legal requirements are intended to prevent it from being influenced by third-party opinions or from being drawn up flippantly. Contact our team of attorneys for family law in Zurich, Frauenfeld or St. Gallen for further information on public notarization or the formal requirements of an advance directive in general.

By writing a patient decree, in accordance with Art. 370 ff. CC, it is also possible to specify which medical measures are desired and rejected in the event of incapacity. A patient decree can also specify who is to decide on the medical measures to be taken. A patient decree is binding on doctors unless there are doubts as to whether it corresponds to the patient’s true will or if it contains impermissible instructions. A family lawyer in Frauenfeld, St. Gallen or Zurich can tell you whether the instructions drafted are permissible in your case and whether the patient decree would be binding on doctors.

The patient decree can be deposited with a confidant or with the family doctor. This ensures that it is available and accessible when needed. It is advisable to carry a reference to an existing patient decree in your wallet, for example, so that the relevant people are aware of it in an emergency situation. The patient decree is also subject to certain formal requirements. It must be written out, dated and signed. Unlike the advance directive, however, it does not have to be written by hand. It is also permitted to use a form template or to typie it out on a computer. A family law attorney in St. Gallen, Zurich or Frauenfeld can advise you on the formal requirements and instruct whether the regulations have been complied with.