Advance Disposition
On January 1st, 2013, the new Adult Protection Law came into force and this concerns everybody living in Switzerland.
The law is designed to govern the facilitation of self-determination and strengthen the solidarity within the family through statutory rights of representation. In particular, the Administration for Children & Families (Kinder- und Erwachsenenschutzbehörde KESB) replaced the former Guardianship Authority (Vormundschaftsbehörde).
Two new legal institutions were introduced in the law:
Advance disposition
Living will
What does this mean?
In order to prevent government intervention in case of impaired power of judgment (e.g. caused by dementia, illness, or an accident) you need an advance disposition. Unfortunately, such a situation can occur anytime.
In this document, you appoint a legal representative. This person must possess your absolute trust, because, in case of impaired power of judgment, this person (of age) will determine your life to a large extent.
With my expertise and personal experience I can help you and make sure that all legal requirements are met. The advance disposition is a crucial topic and should not be procrastinated.
I’m holding lectures on this subject. Upon request, I will be happy to hold lectures at your company, club etc.
I provide all documents in English and I offer support across Switzerland. Please contact me to arrange an informal discussion – with no obligations for you.
This concerns everybody living in Switzerland. Maybe now is the time to take care of this matter!
Who needs an advance disposition?
Individuals / Singles
Married couples
Companies
Even spouses need an advance disposition
If a married couple does not have an advance disposition in place, the spouse will not automatically have the authority to make decisions on their behalf. In such cases, state intervention (by the KESB) will occur. For example, a house sale was delayed because the husband, Franz, developed dementia.
The notary public was unable to certify the advance disposition (as Franz was no longer capable of making decisions) and had to report the matter to the KESB. As a result, the house could only be sold much later and with the involvement of the KESB.
Business owners must protect their companies
All owners of a limited company (AG) or a limited liability company (GmbH) should absolutely have an advance disposition. If they become incapacitated, the company will be sold or liquidated.
In such a case, the KESB will appoint a responsible person or institution. The associated costs will be charged to the assets.
I would be happy to personally advise you on the topics of self-determination and your individual life and end-of-life planning.
