Power of attorney explained

A power of attorney governs who can act on your behalf if you lose mental capacity. That could be your spouse or children, or someone else you trust. A power of attorney comprises three areas:

• Personal care: Support in day-to-day life, for example with housework, at the post office or with carers.
• Asset issues: Income and asset management, such as payment transactions and property management.
• Legal representation: Legal dealings involving authorities and third parties, such as contracts and tax returns.

You can designate different people for each of these areas of provision planning. For example, your daughter could take care of your assets while your lawyer represents you in legal matters. It is generally advisable to keep the number of these representatives to a minimum. This helps avoid confusion. It is also important to appoint a substitute.

In Switzerland, a power of attorney is only valid if the document is fully handwritten, dated and signed. If you are unable or unwilling to write a power of attorney by hand, you must have it officially certified by a notary. The notary will also confirm that you were mentally capable at the time of writing. This is important in the event of later doubts about your mental capacity.

Our partner, the Swiss Red Cross (SRC), provides a free power of attorney template in German. The SRC advance planning pack also contains a brochure with comprehensive information on the topic (in German, French or Italian). These materials will guide you through the power of attorney template and help you prepare your own power of attorney correctly and completely.

The power of attorney must be easy to find in an emergency. You can either keep it at home or deposit it somewhere suitable. There are no uniform rules in Switzerland as to where that should be. Depending on where you live, this could be the Child and Adult Protection Authority (CAPA) or your local municipal authority.

You can also lodge the location of your power of attorney with your local registry office. The office then enters this information in the national INFOSTAR database. The CAPA can access it in an emergency. You will have to register in person and this is subject to a fee.

If you lose mental capacity, for example as a result of an accident or illness, the relevant branch of CAPA checks whether you have a power of attorney. They will contact the registry office where you may have registered it.

If there is a power of attorney in your name, the CAPA checks whether it has been drawn up correctly, the requirements for application are met and the nominated representative is able to fulfil their duties. If this is the case, and the nominated representative accepts the role, the CAPA issues a certificate. This will make your power of attorney officially valid. Your nominated representative can then take up the defined role.

If you are married or in a registered partnership, your partner has the legal right to represent you in day-to-day matters, such as managing your income, without a valid power of attorney. The condition is that you live in the same household or support each other on a regular basis.

A power of attorney is always mandatory for exceptional matters relating to assets. This could include selling a property or extending a mortgage.

If you are single or unmarried, the CAPA will check whether a guardianship is necessary and whether family members, relatives or a professional guardian can assume this role.