19 décembre 2025 | Legal Insight
Selective Adjustments to Adult
Protection Law
19 décembre 2025 | Legal Insight
Selective Adjustments to Adult
Protection Law
The Federal Council has submitted a targeted revision of adult protection law to the Swiss parliament. The revision focuses on making advanced care directives more effective, expanding statutory representation rights to de facto partners, and improving the involvement of close persons. For individuals, the proposed changes are practically significant regarding personal care and the representation regarding their financial matters.
The key proposed changes include:
Legal representation also for de facto partners
Under the current law, spouses have a statutory right of representation if neither an advanced care directive nor a corresponding guardianship measure is in place. Under the proposed amendments, such right of representation would also apply with regard to de facto partners who share a household with the person lacking capacity or who provide regular, personal support. At the same time, the scope of representation shall be clarified: The authorized representative may, for example, manage the person’s income and other assets. However, certain acts, such as the sale of real property or the giving of gifts, require authorization from the competent Child and Adult Protection Authority ("CAPA").
Increased involvement of related parties
It is proposed that CAPA must systematically assess whether a close person or another private third party could be appointed as guardian if someone loses the capacity to act, rather than the current, voluntary practice with no statutory duty to assess. Facilitations for close-person representatives are envisaged, such as limited waivers of CAPA consent requirements or relief from the obligation to submit periodic reports. In addition, close persons shall be granted rights to information, notification, and access to the file.
Official deposit facility and authorities’ duty to inquire with respect to advanced care directives
Until now, federal law does not grant a right to deposit advance care directives with an authority. The proposed amendments would require the Cantons to designate an authority where advanced care directives can be deposited whereby the place of deposit can be recorded in the civil status register (Infostar). In the event of incapacity, CAPA would have to make inquiries with both the civil status office and the competent deposit office(s).
As a next step, the proposal will be considered by the Swiss parliament. The Federal Council has already announced additional reforms to adult protection law, including the abolition of comprehensive guardianships.
For Private Clients, the proposed reform increases legal certainty and improves the situation of de facto partners in the absence of advance care directives. At the same time, the rights of closely related persons will be strengthened. Apart from the proposed additional flexibility, especially the right to obtain information is important.
The key proposed changes include:
Legal representation also for de facto partners
Under the current law, spouses have a statutory right of representation if neither an advanced care directive nor a corresponding guardianship measure is in place. Under the proposed amendments, such right of representation would also apply with regard to de facto partners who share a household with the person lacking capacity or who provide regular, personal support. At the same time, the scope of representation shall be clarified: The authorized representative may, for example, manage the person’s income and other assets. However, certain acts, such as the sale of real property or the giving of gifts, require authorization from the competent Child and Adult Protection Authority ("CAPA").
Increased involvement of related parties
It is proposed that CAPA must systematically assess whether a close person or another private third party could be appointed as guardian if someone loses the capacity to act, rather than the current, voluntary practice with no statutory duty to assess. Facilitations for close-person representatives are envisaged, such as limited waivers of CAPA consent requirements or relief from the obligation to submit periodic reports. In addition, close persons shall be granted rights to information, notification, and access to the file.
Official deposit facility and authorities’ duty to inquire with respect to advanced care directives
Until now, federal law does not grant a right to deposit advance care directives with an authority. The proposed amendments would require the Cantons to designate an authority where advanced care directives can be deposited whereby the place of deposit can be recorded in the civil status register (Infostar). In the event of incapacity, CAPA would have to make inquiries with both the civil status office and the competent deposit office(s).
As a next step, the proposal will be considered by the Swiss parliament. The Federal Council has already announced additional reforms to adult protection law, including the abolition of comprehensive guardianships.
For Private Clients, the proposed reform increases legal certainty and improves the situation of de facto partners in the absence of advance care directives. At the same time, the rights of closely related persons will be strengthened. Apart from the proposed additional flexibility, especially the right to obtain information is important.
