What is a living will?

In a living will, you set out your wishes concerning medical interventions and treatments. For example, you can decide whether or not you consent to resuscitation or artificial respiration or feeding if the medical circumstances should call for it. Living wills come into force if you are no longer able to make decisions. If, for example, you are in a coma after a medical intervention, the living will serves to inform doctors which treatment you wish to receive, and which you do not.
 

Why do you need a living will?

Just imagine: something happens to you that leaves you suffering from impaired judgement or in a position where you are unable to make decisions. In this instance, if you do not have a living will or a lasting power of attorney, the state will automatically intervene to help make far-reaching decisions for you. Such as, if you needed a place in a care facility if you are suffering from impaired judgement. In Switzerland, this duty of representation falls to the children and adult protection authority (KESB).

Good to know: Most people think the children and adult protection authority (KESB) only gets involved when there is a need to find new living arrangements for children. In fact, representing adults comprises 80% of the KESB’s work.

For married couples and civil partnerships

If you are married or in a civil partnership, your spouse or partner can make decisions in your name to a limited extent if you are unable to do so yourself. For example, your spouse or partner can:

• perform legal acts such as making payments for family maintenance and support.
• open and reply to your post and e-mails.
  
• manage your income and joint assets.
• have a say concerning medical interventions and treatment.

A living will makes sense if you want to make sure that your wishes will be respected in an emergency, regardless of whether decisions in that moment are in the hands of the authorities, your partner or relatives. A living will allows you to set out your wishes in writing while you are still healthy

and is always binding. Without a living will, doctors and your relatives will have to decide between them what action to take. Because of this, living wills can take a big weight off the shoulders of your partner and relatives. For this reason, people should always draw up a living will as early as possible.
 

How do I get a living will?

Sample forms for setting up a living will can be requested from your doctor or health organisations such as FMH, SRK or Caritas. You can also download the forms online. You can also make hand-written changes and additions to these forms. Sign and date the forms where indicated.

Find out more

Read part 2, “Lasting powers of attorney: what you need to know”,. Find out how to make sure your wishes are respected even when your judgement is impaired.