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Glossary

Advance Care Directive

The advance care directive is an instrument of adult protection law with which a person who has capacity makes provision in case they later lose capacity of judgement. In it they can appoint a natural or legal person to assume personal care, asset management or legal representation should that occur (Art. 360 et seq. CC). The directive must be either handwritten or publicly notarised and only takes effect once incapacity arises and the child and adult protection authority confirms its validity. It strengthens self-determination over one's own assets and person.

At a glance

01

The directive governs personal care, asset management and representation in case of one's own incapacity (Art. 360 et seq. CC).

02

It must be handwritten, dated and signed, or publicly notarised.

03

It takes effect only once incapacity arises and the child and adult protection authority confirms it.

Frequently asked questions

Only once the person loses capacity of judgement and the child and adult protection authority confirms its validity. Until then the person retains full capacity and can amend or revoke the directive at any time.
It must be either entirely handwritten, dated and signed, or publicly notarised (Art. 360 et seq. CC). These formal requirements ensure clarity and binding effect.

Sources: Systematische Rechtssammlung (fedlex), ZGB SR 210 · ch.ch, Vorsorgeauftrag