The Swiss Civil Code defines a person as capable of judgment if they are not incapable of acting rationally due to childhood, mental disability, mental disorder, intoxication or similar conditions. A person’s capacity may be permanently or temporarily lost as a result of an accident or illness. If a person is incapable of judgment, they need a person to look after their interests. This authorized person can result from an advance care directive or a living will of the person who has lost capacity. In the absence of an advance care directive or living will, the law first and foremost mentions the legal guardian with a right of representation for medical measures. The law goes on to name, in the following order, the spouse or registered partner who shares a household with the incapacitated person; a person who shares a household with the incapacitated person; the descendants; the parents and finally the siblings. It is a prerequisite that the aforementioned persons regularly and personally support the person who has lost capacity. Advance directive A person of trust can be appointed before the person becomes incapable of judgment. This is known as an advance care directive. A person is appointed to represent the incapacitated person in legal matters and with regard to the care of their assets. It must be precisely formulated which tasks are assigned to which person. Appropriate compensation should also be specified. In the absence of precise instructions, the person with power of representation decides according to the presumed will and interests of the person lacking capacity. Living will After an accident or illness, a person may no longer be able to decide on medical measures. A living will ensures that the personal wishes of the person concerned regarding medical measures are taken into account even in the event of incapacity. A living will can, for example, designate trusted persons, declarations on therapy goals or certain medical measures in the event of incapacity. An advance care directive can be supplemented by a living will, whereby the living will takes precedence when it comes to medical measures. In the absence of instructions in living wills, the authorized person decides according to the presumed will and interests of the person lacking capacity. Depositing the advance directive can be kept by the person themselves, whereby it should be ensured that it can be found in the event that they become incapable of judgment. The place of deposit can also be entered in the register of persons with the help of the civil registry office. The deposit location of a living will can be entered on the health insurance card, whereby doctors and other medical service providers can help. Nevertheless, it is advisable to inform a trusted person of the place of deposit. Formal requirements Like a will, the advance care directive must be written, dated and signed by hand or publicly notarized by a notary. This prevents elderly people in particular from signing prefabricated third-party documents without understanding their content. A living will must be drawn up in writing (also possible by machine). It must be dated and signed by hand. If the form is not observed, the presumed will of the person lacking capacity is taken as the basis.