Advance Care Directive (Patientenverfügung) Switzerland: What you need to know
An advance healthcare directive (Patientenverfügung) is something you are better off dealing with sooner rather than later. The good news upfront: it does not require a lot of research - just some careful thought. The process is straightforward and you can tick this one off your to do list fairly quickly. Here are the 5 most important things you need to know about advance healthcare directives in Switzerland, along with answers to all the key questions.
Table of contents
- What is an advance healthcare directive (Patientenverfügung)
- Point 1: An advance healthcare directive is a deeply personal right
- Point 2: You do not need notarisation for your advance healthcare directive to be valid
- Point 3: Doctors and family members must follow your advance healthcare directive
- Point 4: Adding a trusted person to your advance healthcare directive is a good idea
- Point 5: Review your advance healthcare directive every two to three years
- Conclusion
- FAQ
What is an advance healthcare directive (Patientenverfügung)?
Before we get into the five key points, let us first establish what an advance healthcare directive actually is in Switzerland. An advance healthcare directive sets out what medical treatment you want in the event of an accident. It also applies in the case of a terminal illness. It is therefore important for any emergency or end of life situation where you are no longer able to communicate your wishes yourself. An advance healthcare directive determines whether you want life-sustaining measures and who should represent you in medical matters.
Point 1: An advance healthcare directive is a deeply personal right
Any person with mental capacity can and may create an advance healthcare directive in Switzerland. You do not need to be in perfect health, but the document must be created of your own free will - it cannot be made under pressure. You also cannot create an advance healthcare directive on behalf of another person. Take time to think carefully about what you would want in an emergency or at the end of your life. Talk to the people around you and with your doctor about your advance healthcare directive. And do not worry - if you change your mind later you can update, add to or revoke the document at any time.
Important: Creating an advance healthcare directive is not compulsory. But to maintain your right to self-determination it is a sensible thing to do.
Point 2: You do not need notarisation for your advance healthcare directive to be valid
For your advance healthcare directive to be valid it must be written down, include the current date, clearly identify who you are and carry your signature. Notarisation is neither required nor legally provided for. This makes the process of creating an advance healthcare directive straightforward. Despite that, only around 24% of people in Switzerland actually have one in place. Make sure you are one of them - so that your own decisions about life-sustaining measures are respected.
Point 3: Doctors and family members must follow your advance healthcare directive
Once a valid advance healthcare directive is in place, both your family members and medical staff are legally required to follow it. A properly created advance healthcare directive is legally binding. It must however be clear that you were of sound mind at the time of writing. If there are indications that you have since changed your mind, an exception may arise.
Watch out: A common issue is that advance healthcare directives contain contradictions. For example, a person might state that they do not want to be put on a ventilator but also consent to organ donation. In practice however, organ donors need to be kept on artificial ventilation for a period of time. This is exactly why having a trusted representative named in your advance healthcare directive is so important.
Point 4: Adding a trusted person to your advance healthcare directive is a good idea
If you name a trusted representative in your advance healthcare directive, they can step in when contradictions like the one above arise. Talk openly with this person about your wishes so they can act accordingly in an emergency. This is especially important if you have no close family, or if you do not want to burden them with these decisions. It is also particularly relevant for unmarried couples and couples who are not registered at the same address.
💡 Tip: You can name your trusted person directly in the advance healthcare directive or set up a separate Advance Care Directive (Vorsorgeauftrag). An Advance Care Directive covers not only medical decisions but also personal, financial and legal matters.
Point 5: Review your advance healthcare directive every two to three years
A regular review is not compulsory but it is strongly recommended. Why? Because your views on medical care can change over time. Make sure your advance healthcare directive still reflects your current wishes, then re-date and re-sign it.
Conclusion
Deal with this as soon as possible and get your advance healthcare directive in place. It is always helpful to seek professional support to make sure the document is valid, makes sense and covers all the important points. Talk to the people around you about it and choose a trusted representative. That way you are prepared even for the worst case scenarios life can throw at you.
Advance healthcare directive Switzerland - FAQ
What is the difference between an advance healthcare directive and a power of attorney?
Simply put: a power of attorney, in Switzerland an Advance Care Directive (Vorsorgeauftrag), covers representation in personal, financial or legal matters when you are no longer able to make decisions yourself. An advance healthcare directive on the other hand sets out your wishes regarding medical treatment. Everything you need to know about the Advance Care Directive and how to create one is covered in a separate article.
Which is more important - an advance healthcare directive or a power of attorney?
Both documents are important and cover partially different areas. An Advance Care Directive (Vorsorgeauftrag) can be seen as a complement to an advance healthcare directive, because an advance healthcare directive cannot cover every possible medical situation. In those cases your chosen trusted representative steps in. It therefore makes sense to set up the advance healthcare directive first and then the Advance Care Directive. Alternatively you can name your trusted person directly in the advance healthcare directive, in which case they will only act in medical matters.
Where can I get an advance healthcare directive template?
There are several good templates available online. I recommend the template from the Swiss Medical Association FMH, which you can download in a short or extended version.
Who decides if there is no advance healthcare directive in place?
In that case the decision falls to your family members. Swiss adult protection law sets out the following order of priority:
- A legal guardian with the right to represent in medical matters
- Spouse or registered partner
- Cohabiting partner
- Descendants
- Parents
- Siblings
Where should I store my advance healthcare directive?
Storage is important because your advance healthcare directive needs to be accessible quickly in an emergency. Keep it somewhere easy to find. It is best to give your doctor and your trusted representative a copy. You should also carry a reference card in your wallet indicating who your trusted representative is and where your advance healthcare directive is kept.
Can I write my own advance healthcare directive?
Yes, you can write your advance healthcare directive yourself. What matters is that it includes the date and your signature and that your identity is clearly recognisable. It is recommended to review and if necessary update your advance healthcare directive every two to three years.
