Advance Power of Attorney Intake
A structured intake form for drafting a Swiss Vorsorgeauftrag (advance power of attorney). Covers identity, appointed persons, financial affairs, medical decisions, and residential decisions under ZGB Art. 360-369.
About this template
The Advance Power of Attorney (Vorsorgeauftrag) Intake Form is designed for Swiss law firms, notaries, and fiduciary offices helping clients plan for incapacity. Introduced into Swiss law on 1 January 2013 under ZGB Art. 360-369, the Vorsorgeauftrag allows any mentally competent adult to designate a trusted person to manage their affairs — financial, medical, and residential — if they lose the capacity to act for themselves. This form collects the structured information needed to draft the mandate.
What this form collects
- Client's identity and current address
- Name, relationship, and contact details of the appointed person(s)
- Scope of authority: financial affairs, personal care, medical decisions
- Specific instructions regarding financial management
- Instructions regarding medical treatment decisions and palliative care
- Instructions regarding residential decisions (care home, home care)
- Substitute or co-mandatary arrangements
- Existing relevant documents (patient decree, other powers of attorney)
- Client's general wishes for the conduct of affairs
Swiss Vorsorgeauftrag: legal requirements
A valid Vorsorgeauftrag under ZGB Art. 360 must either be entirely handwritten, dated, and signed by the grantor, or be executed as a public deed (notarial form). It takes effect only upon a formal assessment of incapacity by the cantonal adult protection authority (KESB). Your attorney will advise you on the form and content requirements. All information is processed in accordance with the nFADP.
How to use this template
Use this template
Click 'Use template' to create a copy in your dashboard.
Adapt for your canton
KESB procedures and any cantonal registration requirements vary. Add relevant local guidance.
Send to the client in advance
Share the form link so the client can reflect on their choices before the drafting appointment.
Draft and execute the mandate
Use the responses to prepare a draft Vorsorgeauftrag for review and signature in the appropriate form.
The Swiss Vorsorgeauftrag: a comprehensive guide
The Vorsorgeauftrag (advance power of attorney for incapacity) is one of the most important planning instruments available to adults in Switzerland. It ensures that, in the event of incapacity through illness, accident, or dementia, a trusted person — rather than the state — manages the individual's affairs according to their documented wishes.
What happens without a Vorsorgeauftrag?
If a person loses capacity and has not executed a Vorsorgeauftrag, the cantonal adult protection authority (KESB, Kindes- und Erwachsenenschutzbehoerde) will intervene and appoint a legal guardian. The KESB will make decisions about the person's finances, medical treatment, and living arrangements. While KESB decisions are generally well-intentioned, they may not align with the individual's personal preferences and values. The appointed guardian may be a stranger. The Vorsorgeauftrag avoids this by putting the person's own choices on record.
Scope of a Vorsorgeauftrag
The scope of the mandate is determined by the grantor. It can cover three main areas: personal care (including decisions about medical treatment, hospitalisation, and care arrangements); asset management (including banking, investment, and property transactions); and legal representation (concluding contracts and taking legal action on behalf of the grantor). Each area can be assigned to the same or different persons, and the grantor can impose specific conditions or restrictions.
Choosing the right mandatary
The choice of mandatary (appointed person) is the most critical decision in the Vorsorgeauftrag. The mandatary must be trustworthy, capable of managing financial and personal affairs, and willing to act in the best interests of the grantor. It is advisable to designate a substitute mandatary in case the primary appointee is unable or unwilling to act. Swiss law does not require the mandatary to be a family member or a professional.
Relationship with the patient decree (Patientenverfuegung)
The Vorsorgeauftrag is often used alongside a patient decree (Patientenverfuegung), which sets out the grantor's wishes regarding medical treatment in specific clinical situations. While the Patientenverfuegung addresses medical wishes directly, the Vorsorgeauftrag designates who is authorised to implement them. Both documents are complementary and are usually drafted together.
Frequently asked questions
When does a Vorsorgeauftrag take effect?
The Vorsorgeauftrag does not take effect automatically upon signature. It only becomes operative when the KESB formally establishes that the grantor has lost capacity (Urteilsunfaehigkeit) and validates the mandate. The document must be deposited somewhere accessible — many cantons offer a central registration service.
Can a Vorsorgeauftrag be revoked?
Yes. As long as the grantor retains capacity, they can revoke or amend the Vorsorgeauftrag at any time by destroying the document, withdrawing it from the register, or executing a new mandate.