The question is certainly provocative, but it touches on a very sensitive issue and better: the loss of the capacity for discernment.<\/p>\n
The Swiss Civil Code provides in art. 374\u00a0that if a person becomes incapable of judgment, the right to representation for “all the legal acts usually necessary for maintenance” as well as “the ordinary administration of income and other assets” belongs to the\u00a0spouse\u00a0or\u00a0registered partner, as well as “the power to open and deal with correspondence”.<\/p>\n
If, on the other hand, you do not have a spouse or a registered partner, this right rests with the Adult Protection Authority\u00a0competent for the territory, or the domicile of the person who has lost the ability to judge. It should be noted that this Authority is also responsible for approving any\u00a0“extraordinary” acts, i.e. by excluding anything that does not fall within the concept of “habituality” and “ordinariness”.<\/p>\n
For those who, for whatever reason, would prefer to benefit from a representation other than that provided for by law, it is advisable to evaluate the provisions of Art. 360 of the Civil Code and better: the\u00a0precautionary mandate. It represents nothing more than the designation of a natural or legal person, so that he has to provide for the care of his person or his patrimonial interests, as well as representation in legal relations, if he is affected by the loss of the capacity to judge. With this mandate it will also be possible to assign precise tasks and detailed instructions, otherwise it will be understood as general.<\/p>\n
The\u00a0form to be respected\u00a0for the preparation of the precautionary mandate is essentially that of the will: therefore, a holographic form (i.e. entirely written in one’s own hand) or by public deed. The same form must also be respected for a possible\u00a0revocation.<\/p>\n
Since there is no particular obligation to notify a third party of the existence of this mandate, especially where produced in holographic form, notification (optional) to the civil status office\u00a0competent based on the domicile is recommended, so that it can be entered in the appropriate database central.<\/p>\n
It should also be noted that the precautionary mandate has as its sole content the management of the patrimonial interests (incl. the representation in legal relations) of the person who has lost the capacity to discern, as well as the care of his own person. It has nothing to do with the so-called\u00a0Patient Guidelines\u00a0(Art. 370 et seq. of the Swiss Civil Code), which instead focus on the choice of medical and therapeutic indications to which one wishes to be subjected or not. For the latter document, it is advisable to contact your doctor directly.<\/p>\n
The Arifida team is gladly available for any further information.<\/p>\n","protected":false},"excerpt":{"rendered":"
The question is certainly provocative, but it touches on a very sensitive issue and better: the loss of the capacity for discernment. The Swiss Civil Code provides in art. 374\u00a0that if a person becomes incapable of judgment, the right to representation for “all the legal acts usually necessary for maintenance” as well as “the ordinary […]<\/p>\n","protected":false},"author":1,"featured_media":860,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[11],"tags":[],"class_list":["post-959","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"acf":[],"yoast_head":"\n