Law on protection of adults; Patient decree and advance care directive

The patient decree and the advance care directive are ruled by the Civil Code in the law on protection of adults. They allow to define orders for the case that loss of capacity of judgement occurs. Be it by an accident, by disease or by senile decay.

On the one hand, a judicious person can define in a patient decree, to which medical measures he agrees or not. He can designate a natural person who discusses in case of loss of capacity of judgement with the attending doctor the medical provisions. The patient decree facilitates relatives as well as doctors to decide in difficult moments.

Concerning the advance care directive, a judicious person can instruct a natural person or a corporate body to resume in case of loss of capacity of judgement the personal custody or the statutory duty of care of a minor’s property or to represent him in legal matters. In doing so, he must describe the duties which he will transfer to the assigned person and can issue directives for the accomplishment of the duties. The advance care directive strengthens the right of self-determination, because who looks ahead, can assure that his intention will be respected.

I can consult you in both cases