Succession Switzerland
The lasting power of attorney (Vorsorgeauftrag) in Switzerland
Updated: · Leutrim Miftaraj, FLIORE · Editorial standards · Other languages: Deutsch · Français · Español
Short answer
With a lasting power of attorney, a person decides who will represent them in personal matters, asset management and legal dealings if they lose capacity. It must be handwritten, dated and signed or notarised, and only takes effect once the child and adult protection authority (KESB) has examined it after incapacity has occurred. Without one, a spouse has limited statutory powers, or the KESB appoints a deputy.
What can be covered
- Personal care: housing, care, personal matters.
- Asset management: administering assets, banks, real estate.
- Representation in legal dealings, for example with authorities.
- Business functions and shareholdings, to the extent permitted.
Form and effectiveness
The lasting power of attorney must be handwritten from beginning to end, dated and signed, or notarised (Art. 361 ZGB). On request, the civil registry office records its existence and where it is kept in the central database, so that it can be found when needed.
When the KESB learns of the incapacity, it examines whether the power of attorney was validly made, whether the conditions for it to take effect are met and whether the appointed person is suitable and accepts the mandate. It then issues a document setting out the powers (Art. 363 ZGB) – the document banks and authorities ask for.
Without a lasting power of attorney: statutory representation
Spouses and registered partners who share a household with the person lacking capacity, or regularly and personally support them, have statutory powers of representation: for legal acts covering normal maintenance needs, the ordinary management of income and assets, and opening mail (Art. 374 ZGB). Extraordinary asset management requires the KESB's consent. For shareholdings, property sales or multi-level structures, this is rarely enough; the KESB then often appoints a deputy.
Why it matters to families and entrepreneurs
For entrepreneurs and complex wealth, a deputyship can delay decisions. A lasting power of attorney, aligned with bank powers of attorney, shareholder agreements and foundation regulations, keeps the family able to act. It can be revoked at any time in one of the forms required to make it, or by destroying the document (Art. 362 ZGB). A living will additionally governs medical decisions.
In practice: findable and up to date
A lasting power of attorney is only useful if it can be found and is up to date. FLIORE stores it with its date and tightly restricted access with the person; powers of attorney and roles in structures are visible on the same page.
Short checklist
- Make the lasting power of attorney by hand or have it notarised.
- Have its location recorded with the civil registry office.
- Appoint substitutes.
- Align it with bank powers of attorney, shareholder agreements and foundation regulations.
- Review it every few years and after major changes.
At a glance
| Legal basis | adult protection law in the Civil Code (Art. 360 ff. ZGB, since 2013) |
|---|---|
| Form | handwritten or notarised |
| Takes effect | after examination by the KESB (Art. 363 ZGB) |
| Without one | statutory powers of spouses or registered partners (Art. 374 ZGB), or a deputyship |
Terms on this page
- Lasting power of attorney
- A declaration by which a person determines who will represent them if they lose the capacity to make their own decisions.
Frequently asked questions
Is a bank power of attorney enough?
It can help, but does not cover all matters; in an emergency, many banks ask for the KESB document on the lasting power of attorney.
Where is the lasting power of attorney kept?
Its location can be recorded with the civil registry office; the original is kept in a safe place.
Can I appoint several people?
Yes, for example separately for personal care and asset management, with substitutes.
Can I revoke the lasting power of attorney?
Yes, at any time in one of the forms required to make it, or by destroying the document (Art. 362 ZGB).
What happens without one?
Spouses and registered partners have limited statutory powers of representation; beyond that, the KESB considers a deputyship.
Sources
- Fedlex – Swiss Civil Code (Art. 360 ff. ZGB)
- KOKES – Conference for Child and Adult Protection
- ch.ch – lasting power of attorney
This page provides orientation and does not replace legal or tax advice. The cited legal sources in their applicable version are authoritative.
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