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Care agreement and living will: Simply explained

Accidents, illness or age-related limitations can mean that we are suddenly no longer able to make important decisions ourselves. Making provisions ensures one thing above all else: clarity.
With a care agreement and a living will, you ensure that your wishes apply even if you can no longer express them yourself – and at the same time you relieve the burden on your relatives.
These topics will be addressed

Why it pays to make provisions today

We consciously make many decisions in life. But what happens when this is no longer possible?

If you make provisions in good time, you stay in control – even in unexpected situations. At the same time, you relieve the burden on your relatives. They don't have to guess what you would have wanted, but can use your own wishes as a guide.

This is a great help, especially in emotionally difficult situations.

Retirement provision and inheritance: Basics simply explained

Deepen your knowledge of retirement provision, inheritance and legal regulations in our brochure. 

What is a care agreement?

With a care agreement, you determine who will represent you in the event that you become incapable of judgment. The legal basis for this is the Swiss Civil Code (ZGB Art. 360 ff.).

You can appoint one trusted person from your circle – or several people for different tasks. This allows you to determine who takes care of your personal well-being, who will manage your finances and who will represent you in dealings with authorities or institutions.  

Good to know

Without a care agreement, the child and adult protection authority (KESB) decides who takes over your affairs. Even spouses or registered partners without a care agreement only have limited rights of representation – especially when it comes to major financial or legal decisions. 

What is a living will?

The living will supplements the care agreement. It regulates your medical treatment. The legal basis is also the Swiss Civil Code (ZGB Art. 370 ff.).

In your living will, you specify which treatments you want – and which you do not want. At the same time, you can appoint a person to represent your interests vis-à-vis doctors.

This provides security: your will is known, even if you can no longer express it yourself. 

The difference – simply explained

The care agreement and living will complement each other:

  • The living will regulates medical decisions
  • The care agreement regulates everything else – personal, financial and legal issues

Together, they ensure that your wishes are taken into account in an emergency.

Topic Care agreement Living will
What's it all about? Regulates who represents you in everyday life, financially and legally
 Regulates your medical treatment in an emergency
When is the document valid?
 If you become incapable of judgment
 If medical decisions are necessary and you are no longer able to express your wishes
Who decides for you? One or more trusted persons designated by you
 Doctors together with a trusted person nominated by you
Formal requirements
 Handwritten or notarized, with date and signature
 In writing, dated and signed
Can I change it? Yes, at any time as long as you are capable of judgment
 Yes, at any time as long as you are capable of judgment
Without this document
 KESB decides on your representation Relatives and doctors decide without clear guidelines

Practical overview for download

All the important information on care agreements and living wills summarized in compact form – ideal for reading up or filling out: in the factsheet "Do you want to decide for yourself?". 

Create a care agreement: How to proceed

a care agreement is simpler than many people think.

You can write, date and sign it yourself – completely by hand. Alternatively, you can have it notarized.

Above all, the content is important:

  • Choose a person you trust
  • Talk to them about your wishes
  • Specify which tasks they should take on

Keep the document in a place where it can be found quickly in an emergency – and inform your relatives about it.

You can use the following template as a guide and adapt it to your personal situation:

I, [first name surname], born on [date of birth], residing at [address],

hereby appoint Ms./Mr. [name, address of authorized person] as my representative within the meaning of Article 360 et seq. of the Swiss Civil Code (ZGB).

Areas of responsibility:

  • Personal care (decisions for my well-being, e.g., care, place of residence)
  • Property care (management of my finances and assets)
  • Representation in legal transactions (representation vis-à-vis authorities, banks, etc.)

[Optional: Here you can note individual wishes, instructions or restrictions].

If Ms./Mr. [name of main person] is not available, I appoint Ms./Mr. [name, address of deputy] as a substitute.

Place, date

[Handwritten signature]

Good to know

 The care agreement is only valid if it is written in full by hand or notarized. 

Create a living will: Important to know

The living will is also easy to implement.

It can be drawn up, signed and dated by hand. Many people use a tried-and-tested living will template, such as the one from the FMH.

It is crucial that your wishes are clearly formulated:

  • What medical measures would you like?
  • Which ones do you reject?
  • Who should decide for you if this becomes necessary?

It is advisable to review the decree regularly and adjust it if necessary.

Good to know

Keep your living will in an easily accessible place and inform your relatives about it. Leaving a copy with your GP and a note on your health insurance card will help to ensure that your wishes are taken into account in an emergency.

Creating clarity for emergencies

A care agreement and a living will are not complicated legal projects. These are personal documents that give you and your loved ones peace of mind.

They ensure that:

  • Your wishes are respected
  • The burden on your family is reduced
  • Decisions can be made more quickly

Or to put it another way: They create clarity – precisely when it is most important. 

A family stands together in a garden in front of a brick house. One child is sitting on the father's shoulders, another is being carried by the mother.

Holistic prevention 
In addition to care agreements and living wills, financial security is also part of a comprehensive provision. Death risk insurance can help to provide your family with additional protection and financial security in the event of an emergency. 
Get advice: Together, we take a look at your personal situation and find solutions that suit your life – comprehensible, individual and forward-looking.

Learn more

Frequently asked questions about care agreements and living wills (Switzerland)

What is a care agreement?

A care agreement is a document in which you specify who will represent you in the event of your incapacity. The appointed person takes care of personal, financial and legal matters. 

What is a living will?

A living will is a document in which you record which medical treatments you would accept or refuse in the event of an emergency. It applies if you are no longer able to express your wishes. 

How does it differ from a will?

A care agreement and a living will are valid during your lifetime if you are incapable of judgment.
A will, on the other hand, regulates what happens to your assets after your death.

With professional support from

>Peter Spycher

Peter Spycher

Specialist in Retirement Provision and Investment Advice

As a technical expert at Zurich, he contributes his expertise in retirement provision and investments.

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