Advance Directives

As part of your hospital stay at our clinic, you have the option of preparing advance directives, which will be recorded in your medical file.

What are advance directives?

“Any person who has capacity of judgement may specify in advance directives which medical treatments they consent to or refuse in the event that they become incapable of judgement.”

(Art. 370 para. 1 of the Swiss Civil Code)

Based on your personal values, advance directives allow you to express and formally record your wishes regarding your medical care, so that healthcare professionals can take them into account in specific situations where you are no longer capable of judgement.

Being incapable of judgement means that you are no longer able to express your wishes.

How do I prepare advance directives?

You must be an adult and have capacity of judgement at the time you prepare them.

Your advance directives must:

• be prepared by you, either handwritten or using a form;
• clearly identify you (surname, first name and date of birth);
• be dated and signed; and
• comply with applicable law and ethical standards.

You may discuss your advance directives with your family doctor, who can assist you in preparing them.

You can use the following form to prepare your advance directives: FMH Advance Directives – Short Version
https://www.fmh.ch/files/pdf27/fmh-advance-directive-short-en-v1.pdf

How long are they valid?

Advance directives remain valid indefinitely. They may be amended or revoked at any time. It is recommended that you review and update them every two years and whenever there is a significant change in your circumstances.

When reviewing them, remember to date and sign them again, even if you have made no changes.

Advance directives apply only for as long as you lack capacity of judgement.

What are their limitations?

In an emergency, if the healthcare team is unaware of your advance directives and must act before they can consult them or be informed of them by your relatives or designated healthcare representative (provided that they are aware of the directives), the doctor will provide medical care in accordance with your presumed wishes and best interests.

The doctor will comply with the patient’s advance directives unless they breach statutory provisions or there are serious doubts as to whether they reflect the patient’s free will or presumed wishes in the circumstances at hand.

(Art. 372 paras. 1 and 2 of the Swiss Civil Code)

Recommendation

If you are admitted to hospital, we recommend providing a copy of your advance directives to the healthcare team or your doctor so that they can review them and keep them in your medical file.

Healthcare Representative

As part of your hospital stay at our clinic, you have the option of appointing a healthcare representative, whose details will be recorded in your medical file.

What is a healthcare representative?

A healthcare representative is a person whom you freely choose to communicate and ensure respect for your wishes, values and preferences regarding your medical care if you become incapable of judgement.

Any adult who has capacity of judgement may appoint a healthcare representative as part of their advance directives. (Art. 370 para. 2 of the Swiss Civil Code)

Their role

If you become incapable of judgement, your healthcare representative:

• ensures that your wishes and healthcare choices are respected;
• may access the information and medical records necessary for decision-making;
• acts as your spokesperson when communicating with healthcare professionals;
• participates in medical decisions and gives consent to proposed treatments.

Healthcare professionals must provide your healthcare representative with all the information necessary to make informed decisions.

Your healthcare representative may also accompany you to medical appointments, help you make decisions and support you throughout your medical care. However, you may specify which information may or may not be shared with them. If you wish to restrict the information shared, please clearly inform the doctor responsible for your care.

Limitations of their role

The rights of your healthcare representative apply only when you are incapable of judgement.

Any decision that is contrary to your interests may be challenged before the competent adult and child protection authority.

Who should you choose?

You may choose a partner or relative, a family member, a friend, your family doctor, or any other person you trust.

Your healthcare representative does not have to be the same person as your emergency contact.

Before appointing someone as your healthcare representative, please ensure that:

• you have informed them of their role and future responsibilities;
• they have agreed to act as your healthcare representative; and
• they are aware of the existence and content of your advance directives.

Is it mandatory?

No. Appointing a healthcare representative is not mandatory.

If you have not appointed a healthcare representative and you become incapable of judgement, healthcare professionals will consult the persons entitled to represent you in accordance with Art. 378 of the Swiss Civil Code.

If you wish to appoint a healthcare representative, please complete the following form and give it to the healthcare team on the day of your admission.