Power of Attorney: It regulates who can act. Not where everything is.

Only about one in five people in Switzerland has a power of attorney. This is shown by a survey conducted by gfs-zürich on behalf of Pro Senectute in 2021, and in 2017 it was only 12 percent. Most of us rely on the hope that it won’t come to that.

However, what actually happens when it does, very few know. So let’s go through it: first, the case of incapacity to make judgments, then the case of death. And afterwards, the gap that even a power of attorney does not close.

If you become incapacitated

An accident, a stroke, dementia. If that happens, who decides for you is regulated by law without a power of attorney, specifically the Adult Protection Law in the Swiss Civil Code (ZGB). And that is stricter than many think.

Your spouse or registered partner can take over ongoing matters: the usual management of income and assets, paying bills, and if necessary, opening your mail. The condition is that you live in a common household or that they regularly provide personal support (Art. 374 ZGB). Important: This is a legal representation right. Your consent is no longer needed, as you can’t give it at that moment.

For anything beyond this ordinary management, such as selling a property, your partner needs the approval of the KESB, the Child and Adult Protection Authority. Even as a couple, you are not as free as most assume.

And if you are not married? Then your partner can participate in medical decisions if you live together (Art. 378 ZGB). Regarding finances: nothing. A cohabiting partner has no legal right to manage your financial matters without a power of attorney or authorization.

If you die

As soon as the bank learns of the death, it usually blocks accounts, cards, and e-banking. This is to protect the heirs, but it hits the survivors hard.

A regular bank power of attorney expires upon death. There are powers of attorney “beyond death,” but they hold less weight than the name suggests: banks restrict them significantly in practice, and each individual heir can revoke them. For funeral costs and urgent bills, most banks release limited funds, but the amounts vary by bank.

After that, it’s a waiting game. The inheritance certificate, which allows the heirs to access the account again, is usually available only after about three months, as the deadline for disclaiming the inheritance must first pass. Depending on the canton and case, it can take longer.

One detail that many couples do not know: For a joint account, the form matters. In an And/Or account, where either can sign alone, the surviving partner usually retains access. In an And account, it gets blocked.

The gap that no document closes

Up to this point, it has always been about the same question: Who can act? That’s exactly what the power of attorney and inheritance certificate regulate. What they do not regulate: where something is located and what actually exists.

A power of attorney does not say which health insurance you are with. An inheritance certificate does not indicate that there is a second account. Your relatives may therefore sit there with full rights and still not know what they should be looking for. Which insurances are active? Which subscriptions? Where is the rental agreement, where is the policy?

Meanwhile, the bills keep coming. And the reminders end up in a mailbox that no one empties anymore.

What you can do concretely

The power of attorney is one part. The other is a simple overview that your relatives can find in case of emergency:

1. Gather documents in one place. Contracts, policies, tax documents, everything important collected instead of scattered across drawers, folders, and email inboxes.
2. List insurances and accounts. It’s enough to note what exists and where. The details will follow naturally.
3. Note responsibilities. Trustees, family doctor, insurance advisor: who is the contact person for what?
4. Involve someone. The best overview is of no use if no one knows it exists. Tell at least one person where to look in case of emergency.

The originals of the power of attorney and will must remain physically accessible; no app can change that. But where they are located should not be stored in just one person’s head.

That’s exactly why we are building ELVIDA: Your documents are organized in one place, hosted in Switzerland, and you keep track of deadlines, contracts, and insurances. Try it for free.

This article does not replace legal advice. For your specific case, please contact a notary or the KESB in your area.

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Sources

• Art. 374 and 378 ZGB; City of Zurich, Child and Adult Protection: Legal Representation Rights
• gfs-zürich on behalf of Pro Senectute Switzerland: Population Survey “Provision” 2021
• Smolio: Account Access in Case of Death Switzerland; DeinAdieu: Bank Power of Attorney in Case of Death; LUKB Guide to Death