Providing for the future instead of worrying about money. The term "precaution" is not only understood to mean health precautions, which one should take care of through a balanced lifestyle, but also financial precautions for oneself and one's family. This is why we also find other terms in the topic of precaution, such as the precautionary mandate, the living will, the custody decree or the will. All these instruments mainly serve to provide optimal support for your surviving dependents so that they act in your will if you are no longer able to do so.
A pension analysis provides you with information on benefits in the event of disability, death or pension benefits in old age. In addition, we show you, among other things, which figures you see on the pension fund statement and what they mean. We will also study the regulations of your pension fund and point out important points. Now that you know how you and your partner are covered, it is time to examine various options and, if desired, cover the financial gaps.
The advance care directive consists of the following tasks, which are carried out by the person appointed by you if you have the capacity to make judgements. This may be a friend, spouse, family member or even a company/organisation. A distinction is made between personal matters such as the living situation, care or medical treatment and matters relating to property and legal affairs, where you specify how financial matters are to be handled.
An advance care directive must either be handwritten, dated and signed or publicly notarised. While the handwritten version is valid, public notarisation by a specialist offers additional advantages. Legal certainty and ensures that the content Clear, correct and customised is formulated. This helps to avoid misunderstandings and later disputes.
The original document should be kept in a safe place that is also known to your relatives. Alternatively, the advance care directive can be deposited at the registry office or registered in an electronic database. It is also important that the authorised persons have a copy. This way KESB (Child and Adult Protection Authority) if necessary, quickly check the validity of the document and act accordingly.
A professionally notarised advance care directive ensures that your wishes are legally effective and clearly enforceable at the crucial moment.
Should all medical procedures be continued even if they are unlikely to be successful? In the living will, you can record which treatments, interventions and medical procedures you consent to and which you reject in the event of a certain state of health.
You can also determine who decides in your favour in such situations.
The living will must be written, signed and dated. It may be written by hand or electronically. Many institutions such as the SRC (Swiss Red Cross) have specific templates and forms.
You can change or revoke the advance directive at any time. Check from time to time whether the content of the living will is still current for you or whether something has changed in your situation.
If a patient has no relatives or no contact with you, if they cannot be found or do not want to make decisions, the KESB appoints a guardian to make decisions on the person's behalf.
If both custodial parents die at the same time (e.g. in a car accident), the KESB appoints a guardian. This guardian is first sought within the family. If no suitable guardian is found within the family, the KESB appoints someone from outside.
With a custody decree, you can support the authorities by recording your wishes. The decree is not binding for the KESB, but makes their work easier. The decree must be signed and dated. It is advisable to give a copy of the decree to the person appointed so that they can inform the authorities immediately if the situation arises.
If you become incapable of judgement in Switzerland and have not drawn up an advance care directive, the law automatically comes into force. In this case, the Child and Adult Protection Authority (KESB) examines who will look after your interests. A guardianship is often set up, which means that a person appointed by the authority manages your affairs. This person can be found within the family, but does not have to be. Without an advance care directive, you run the risk of having someone else decide on your personal, financial and legal affairs. By drawing up an advance care directive in good time, you ensure that your wishes are respected and implemented by a person you trust.
In the advance care directive, you can determine very precisely who will act on your behalf and in which areas. Specifically, you can regulate the following content:
This clear structure ensures that your personal ideas are realised even if you are no longer able to act yourself.
An advance care directive is only valid in Switzerland if it is drawn up in the prescribed form. There are two options:
Yes, as long as you are capable of judgement, you can amend or revoke your advance care directive at any time. You have the following options:
It is advisable to review the advance care directive regularly, for example every few years or after important life events such as marriage, divorce or the birth of a child. This will ensure that the document is always appropriate for your current life situation.
In a living will, you record in writing which medical measures should be taken in the event of a serious illness or after an accident and which you refuse. Typical examples are questions about artificial respiration, artificial nutrition, resuscitation measures or pain therapy.
You can also appoint a trusted person to make decisions on your behalf if you are no longer able to express yourself. With a living will, you ensure that your wishes are respected and that your relatives and doctors have clear instructions.
A living will must fulfil the following conditions in Switzerland:
The difference lies primarily in the area of application:
Both documents complement each other. With the living will you express your medical wishes, with the advance care directive you appoint a person who is authorised to make decisions on your behalf in all areas of your life.
To ensure that your documents can be found and recognised quickly in an emergency, you should bear the following in mind: The original document should be kept in a safe place that is also known to your relatives, for example in a folder with important papers or in a safe. It can also be deposited with the registry office or an official organisation. This ensures that the documents are easy to find in the event of an emergency.
The living will can be deposited in the central register of the Swiss Red Cross. This gives doctors quick access in an emergency.
You should give copies to all persons concerned. This includes the authorised persons from the advance care directive, your family doctor and close relatives. In this way, you can ensure that your instructions are taken into account and implemented at the crucial moment.
1. What happens if I am incapable of judgement and do not have an advance care directive?
If you become incapable of judgement in Switzerland and have not drawn up an advance care directive, the law automatically comes into force. In this case, the Child and Adult Protection Authority (KESB) examines who will look after your interests. A guardianship is often set up, which means that a person appointed by the authority manages your affairs. This person can be found within the family, but does not have to be. Without an advance care directive, you run the risk of having someone else decide on your personal, financial and legal affairs. By drawing up an advance care directive in good time, you ensure that your wishes are respected and implemented by a person you trust.
2 What content can I specify in the advance care directive?
In the advance care directive, you can determine very precisely who will act on your behalf and in which areas. Specifically, you can regulate the following content:
In the Personal care you can determine who is responsible for your care, your living situation and your medical care.
In the Property custody you can decide who manages your financial affairs such as bank accounts, property, payments and investments.
In the Legal representation you can appoint a person to represent you legally, for example when signing contracts or dealing with insurance companies or authorities.
This clear structure ensures that your personal ideas are realised even if you are no longer able to act yourself.
3. in what form must the advance care directive be drawn up?
An advance care directive is only valid in Switzerland if it is drawn up in the prescribed form. There are two options:
You can sign the advance care directive by hand write. In this case, it must be completely handwritten, dated and signed by hand.
You can also sign the advance care directive notarise publicly have it signed. A notary draws up the document according to your specifications and ensures that it is legally flawless. The advantage of notarisation is that it avoids misunderstandings and reduces disputes between family members. This form is particularly recommended for complex family or financial relationships.
4 Can I change or revoke the advance care directive at any time?
Yes, as long as you are capable of judgement, you can amend or revoke your advance care directive at any time. You have the following options:
You can draw up a new advance care directive to replace the previous one.
You can tear up or destroy the previous advance care directive. This is considered a revocation.
You can have it notarised again if you wish to further increase legal certainty.
It is advisable to review the advance care directive regularly, for example every few years or after important life events such as marriage, divorce or the birth of a child. This will ensure that the document is always appropriate for your current life situation.
5 What does the living will regulate?
In a living will, you record in writing which medical measures should be taken in the event of a serious illness or after an accident and which you refuse. Typical examples are questions about artificial respiration, artificial nutrition, resuscitation measures or pain therapy.
You can also appoint a trusted person to make decisions on your behalf if you are no longer able to express yourself. With a living will, you ensure that your wishes are respected and that your relatives and doctors have clear instructions.
6. in what form must the living will be drawn up?
A living will must fulfil the following conditions in Switzerland:
It must be in writing. It must be dated and signed by hand. It can be handwritten or created electronically.
Notarisation is not mandatory, but can be useful if you want greater legal certainty. Above all, it is important that the wording is unambiguous so that the doctors treating you can clearly understand your decisions.
7 What is the difference between an advance care directive and a living will?
The difference lies primarily in the area of application:
Both documents complement each other. With the living will you express your medical wishes, with the advance care directive you appoint a person who is authorised to make decisions on your behalf in all areas of your life.
8 Where should the advance care directive and living will be kept and deposited?
To ensure that your documents can be found and recognised quickly in an emergency, you should bear the following in mind: The original document should be kept in a safe place that is also known to your relatives, for example in a folder with important papers or in a safe. It can also be deposited with the registry office or an official organisation. This ensures that the documents are easy to find in the event of an emergency.
The living will can be deposited in the central register of the Swiss Red Cross. This gives doctors quick access in an emergency.
You should give copies to all persons concerned. This includes the authorised persons from the advance care directive, your family doctor and close relatives. In this way, you can ensure that your instructions are taken into account and implemented at the crucial moment.