Guide & FAQ

Many couples wonder whether a Power of Attorney is even necessary, since spouses are already permitted by law to represent each other in an emergency. However, this statutory right of representation is limited. It applies only to everyday matters, such as securing the livelihood and the ordinary management of income and assets. Larger or exceptional transactions — for example, the sale or purchase of a property or significant changes to a mortgage — are not covered. In such cases, the consent of the adult protection authority is required under Art. 374 para. 3 of the Swiss Civil Code, and banks or authorities often do not accept the statutory right of representation.

A Power of Attorney can therefore be very useful — for example, when entries need to be made in the land register or a mortgage needs to be extended or increased. A Power of Attorney clearly establishes who is authorised to act, and makes many things easier. In addition, the appointed person generally does not have to account to the authority, which reduces administrative burden compared to a guardianship arrangement. Whether a Power of Attorney is advisable ultimately depends on the couple's individual circumstances.

The cost of a Power of Attorney can vary considerably. At a notary's office or a specialised law firm, you can expect to pay between CHF 200 and CHF 1,500 (plus notarisation fees), depending on the complexity and effort involved.

With us, you can create your personalised Power of Attorney for a flat fee of CHF 49. Our templates have been drafted by Swiss notaries and have been tested in practice for many years. You receive a high-quality, legally sound template that you can complete flexibly at home, without expensive hourly rates or long waits for an appointment.

To create your Power of Attorney efficiently, you should have the following information ready:

• Your personal details: Name, first name, date of birth, address and place of origin / nationality.
• Trusted persons: Decide who should represent you. You will need their full personal details (name, address, date of birth, place of origin). It is advisable to also name substitute persons.
• Areas of responsibility: Consider whether the same person should be responsible for everything, or whether you wish to split personal care (health, daily life) and financial management (finances, property).
• Compensation preferences: Should the appointed person be compensated for their efforts, or act on a voluntary basis?

Yes, absolutely. What is decisive for the validity of a Power of Attorney in Switzerland under Art. 361 of the Swiss Civil Code is the form: it must either be written entirely by hand from beginning to end, dated and signed (handwritten form), or it must be officially notarised.

Our online tool supports you in this process by generating an individual Power of Attorney with wording drafted by Swiss notaries and tested in practice over many years, tailored precisely to your needs.

The resulting PDF serves as your personal Power of Attorney template, which you then simply need to copy out by hand, date and sign. This ensures that no important clauses are overlooked and that your Power of Attorney will be recognised by the KESB in an emergency.

If the provided clauses do not capture all your wishes, simply send us an email after completing the process. We will send you suitable supplementary clauses free of charge.

By granting a Power of Attorney, you are transferring far-reaching responsibility to another person. This person will make decisions on your behalf regarding personal, financial and legal matters — often in situations where you yourself can no longer be involved. It is therefore not only important that you plan ahead, but above all who you entrust with this responsibility.

The appointed person needs not only organisational skills, but also reliability, integrity and a sound understanding of your values and wishes. They must be willing to take on responsibility, make decisions and represent them to third parties. Trust is particularly important when it comes to financial matters or personal decisions.

There may also be situations that require quick action — for example, health-related questions, urgent administrative decisions or financial obligations. The right person ensures that in such moments, action is taken clearly, calmly and in your interests.

When drawing up your Power of Attorney, you have various options for how the representation should be organised:

• Individual representation: You appoint one person who is authorised to act alone. This is the clearest form of responsibility.
• Joint representation: You appoint two or more persons who can only act together. This provides mutual oversight (four-eyes principle), but may be less straightforward in day-to-day situations.
• Substitute arrangement: You appoint a primary person and one or more substitutes in case the primary person cannot or does not wish to accept the mandate.

Important: Accepting or declining the mandate

No one is legally obliged to accept a Power of Attorney. The persons you have appointed may decline the mandate at any time (e.g. for health or personal reasons). It is therefore strongly advisable to discuss this with the intended persons in advance and to include a substitute arrangement in the document, so that your provisions also work if your first choice is unavailable.

1. Personal care

Personal care covers all matters relating to your personal life — not financial, but about you as a person and your daily life. This includes, for example:

• Decisions regarding health, care and assistance
• Organising your living situation, for example whether you remain at home or move into a care facility
• Arranging daily life and the necessary organisational measures
• Personal matters and questions of everyday life

Personal care ensures that a trusted person makes decisions on your behalf in accordance with your wishes when you are no longer able to do so yourself.

2. Financial management

Financial management relates to the administration of your income and assets — who takes care of your financial affairs when you can no longer do so. This includes, for example:

• Managing accounts and income
• Paying bills and collecting outstanding amounts
• Decisions on investments
• Maintenance, purchase or sale of property
• All measures necessary to preserve, manage or make sensible use of your assets

3. Legal representation

Legal representation means that the appointed person may legally represent you externally — acting in your name and making binding decisions. This covers, for example:

• Contact with authorities
• Dealings with banks, insurance companies and contractual partners
• Entering into, amending or terminating contracts
• Exercising your rights and fulfilling your obligations

No. The Power of Attorney can be structured so that the same or different persons are entrusted with personal care, financial management and legal representation. It is permissible to appoint one person for all tasks, or to divide responsibilities among several persons.

It may also be provided that the appointed person may engage assistants or substitutes in fulfilling the mandate, provided this is expressly set out in the Power of Attorney and is legally permissible. In any case, responsibilities must be clearly defined and the appointed persons must appear suitable for the tasks they are taking on.

A Power of Attorney is valid if it has been drawn up by a person with legal capacity and the legally prescribed form has been observed. It must either be written entirely by hand, dated and signed, or be officially notarised.

The Power of Attorney does not take effect immediately. It only comes into force when the person concerned loses capacity to act. At that point, the competent adult protection authority reviews the Power of Attorney — in particular whether it was validly created, whether the appointed person is suitable, and whether further protective measures are required. Only after this official confirmation may the appointed person act.

A Power of Attorney applies for the duration of the incapacity and is not limited to a single occurrence. It may be revoked or amended by the principal at any time, as long as they retain capacity. The appointed person may also terminate the mandate under the statutory conditions.

With cryptocurrencies and other digital assets, what matters is not only the Power of Attorney itself, but above all actual access to those assets. In practice, accessing digital assets without appropriate precautions is often impossible.

The situation is particularly critical with personal wallets without a third-party provider. If only the person concerned has access, that access is permanently lost if the login credentials are unknown.

It is therefore important to document in good time:

• Where the digital assets are held
• How access can be obtained in an emergency
• Where the necessary access information is stored securely but findably

Recommendation for storing and documenting access credentials

For particularly sensitive access data, we recommend storage in a bank safe or a comparably secure location. The Power of Attorney should also note where this access information is stored, without including the data itself in the document.

If you hold shareholdings or exercise a function in a company — for example in a corporation or a limited liability company — this should be addressed in the Power of Attorney. The Power of Attorney can regulate who, in the event of incapacity, manages personal financial and legal affairs in connection with the business. Corporate law provisions continue to apply.

As a shareholder or partner

Business shareholdings form part of financial management. The Power of Attorney can specify who manages the shareholdings and exercises the associated rights. However, the Power of Attorney only regulates personal representation and does not replace corporate law provisions.

As a member of the board of directors or management

The role of board member or managing director is a personal function and cannot be transferred by means of a Power of Attorney. In this context, the Power of Attorney can only ensure personal representation in legal and financial matters. Corporate law provisions on succession or substitute representation remain unaffected.

In principle: yes, gifts may be permitted — but only if they are clearly and expressly provided for in the Power of Attorney.

The Power of Attorney is an instrument of self-determination. You determine today what should apply later, when you can no longer make decisions yourself.

Without a clear provision, only small, customary occasional gifts are generally permitted (e.g. birthday or Christmas gifts). Larger gifts are not automatically allowed.

If you wish the appointed person to be able to make certain gifts (e.g. to children, a partner or other close persons), you should state this expressly and as precisely as possible in the Power of Attorney.

If the Power of Attorney contains no provisions regarding compensation, the adult protection authority determines whether and how much is paid — provided that compensation is justified or the services are customarily rendered for payment (Art. 366 para. 1 of the Swiss Civil Code). The costs are borne by the principal (Art. 366 para. 2).

It is also possible to expressly state in the Power of Attorney that the role is to be carried out on a voluntary basis. In that case, the appointed person is entitled to decline the mandate.

We recommend addressing the question of compensation clearly in the Power of Attorney — either specifying that compensation will be paid (and if so, how much), or expressly stating that the role is unpaid. This avoids misunderstandings and disputes from the outset.

If the interests of the person concerned are at risk or are no longer properly safeguarded, the adult protection authority intervenes (Art. 368 para. 1 of the Swiss Civil Code). It may issue instructions to the appointed person and require the preparation of an inventory, regular accounts or reports (Art. 368 para. 2). In serious cases, the authority may partially or fully withdraw the appointed person's powers.

The appointed person may terminate the Power of Attorney at any time. In general, a notice period of two months applies, though immediate termination is possible for good cause. Termination must be submitted in writing to the adult protection authority (Art. 367 para. 1).

A Power of Attorney can only have effect if it can be found in an emergency and the original is available to the authority.

Our recommendation: Private storage for maximum flexibility

We recommend keeping the original in a safe but accessible location known to your trusted persons. The advantage: you remain flexible. If your circumstances change, you can update or rewrite the document by hand at any time, without the hassle of retrieving it from an authority.

Alternative: Official deposit

If you wish to ensure that the document is physically protected with an authority, you may (depending on the canton) deposit it with the competent child and adult protection authority (KESB). Note that any amendment to the document will then involve somewhat more administrative effort.

Entry in the civil register (Infostar)

Regardless of where you store the document, we strongly recommend having it noted at the civil registry office that a Power of Attorney exists and where it is kept. This way, authorities will immediately know who to contact in an emergency.

Important: Submission in an emergency

If incapacity does occur, your family or the appointed person must submit the original Power of Attorney to the KESB without delay. Only after official validation is the representative formally authorised to act.

Power of Attorney and Advance Directive

The Power of Attorney regulates representation in the event of incapacity (e.g. due to accident or illness) in personal, financial and legal matters. The Advance Directive, on the other hand, regulates what medical treatment should or should not be given.

• The Power of Attorney designates the representative and their areas of responsibility.
• The Advance Directive determines the content of medical decisions.

The two instruments complement each other but serve different purposes.

Power of Attorney and General Power of Attorney

A general power of attorney takes effect from the moment it is granted and generally remains valid even if the person later loses capacity, depending on how it is worded. However, it is not an instrument specifically designed for incapacity under adult protection law.

The Power of Attorney (Vorsorgeauftrag), by contrast, is expressly designed for the event of incapacity. It only takes effect at that point and is reviewed and confirmed by the competent authority before the appointed person may act, providing additional legal certainty.

• A general power of attorney is a general representation solution for everyday use.
• A Power of Attorney (Vorsorgeauftrag) is a targeted provision for incapacity, subject to official review.

An Advance Directive is a written document in which you specify how you wish to be medically treated if you are one day unable to make decisions for yourself. This may be the case, for example, following an accident, in the event of serious illness, coma or dementia.

An Advance Directive allows you to plan ahead. Your wishes remain in force even when you can no longer express them yourself. This preserves your right to self-determination and ensures that doctors know what you want.

Medical treatment may generally only be carried out with your consent. If you are no longer capable of making decisions, however, you can no longer give or withhold that consent yourself.

Without an Advance Directive, others must decide what they believe would be in your interest. An Advance Directive relieves your family of this difficult decision and ensures that your own wishes are respected.

In an Advance Directive, you can specify, for example,

• whether you want life-prolonging treatment or not,
• whether you wish to be resuscitated,
• whether you wish to receive artificial nutrition or hydration,
• how important pain management and symptom relief are to you,
• which medical measures you accept or decline,
• and who should represent you if you can no longer make decisions yourself.

You may also designate a trusted person who will then speak with the doctors and ensure that decisions are made in accordance with your wishes.

The term medical measures is interpreted broadly in law. It encompasses not only surgery or medication, but also examinations, treatments and certain nursing measures, insofar as they are medically justified.

This means you can not only say yes or no to individual procedures, but also express general wishes regarding your treatment and care.

Yes, certain nursing wishes can be recorded in an Advance Directive — for example, whether you wish to remain at home for as long as possible, or whether you decline extended treatment in a hospital or care home.

It is important to note, however, that an Advance Directive cannot compel additional treatments or special services that are not medically necessary or appropriate. Such wishes may be taken into account, but are not always binding.

The Advance Directive only applies when you are no longer capable of making decisions. As long as you are able to decide for yourself, your word directly in conversation with the doctors takes precedence.

It therefore only comes into force when you can no longer form or express your own will.

In principle, yes. A valid Advance Directive is binding on medical staff.

There are only a few exceptions — for example, if an instruction would violate the law, or if there are justified doubts as to whether the directive still reflects your current wishes. In such cases, the reasons must be carefully documented.

Yes. You can change or revoke your Advance Directive at any time, as long as you have capacity. This can be done, for example, by creating a new version or by destroying the old directive.

What always matters is your current wishes.

In an Advance Directive, you can also state your position on organ donation — specifying whether you wish to donate organs after your death or not. This provides clarity for the doctors and relieves your family in a difficult situation.

You can also record further personal wishes, such as religious support or specific preferences regarding end-of-life care.

To ensure your Advance Directive can be taken into account quickly in an emergency, it is advisable to observe the following points:

• Note on your health insurance card that an Advance Directive exists
• Deposit a copy with your GP in your medical file
• Store the document in the electronic patient record (EPD)

This ensures that your wishes are quickly visible and accessible to medical professionals.