There are many situations, both major and minor, when you may need to give someone a right to act on your behalf. What does this process entail in Switzerland?
The general power-of-attorney (Generalvollmacht in German, procuration générale in French, and procura generale in Italian) is a document through which you assign – or delegate – certain tasks to a person you trust.
This concept is basically the same in Switzerland as in most other countries.
It is possible that you will never need such a document, but most people find it useful in a variety of situations.
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From life-or-death decisions to picking up mail at the post office
Many people associate the power-of-attorney document (POA) with situations involving their inability, due to age health, or prolonged absence, to perform certain tasks by themselves – such as paying bills, for instance, managing financial affairs, or else handling administrative and legal processes .
But this document is also required if you are buying or selling property and need someone to sign the legal papers for you; the same applies to signing a rental contract – your designated POA can do this on your behalf.
Or, if you are leaving on an extended trip abroad, you may likewise want to give someone the right to represent you or manage your affairs, during your absence.
But this document will also come in handy if need a person other than yourself to retrieve your mail from the post office.
Especially if you receive a registered letter or another delivery that requres you to identify yourself, only a person armed with a power-of-attorney can do so in your place.
What’s the difference between the general and limited POA?
The first one imparts more sweeping rights, while the latter is limited to certain, well-defined tasks – for instance, for paying bills or signing a rental contract only.
What about making medical decisions?
For that you will need to appoint a Healthcare Proxy (Gesundheitsvollmacht / Mandat en matière de santé / Delega sanitaria) to make decisions related to your healthcare if you become mentally incapacitated, unconscious, or incapable of sound judgment.
This could be the same person as your general power-of-attorney, or someone else entirely.
Can you write up the POA document yourself or does it have be done by a lawyer?
You can download a template from various sites (like this one), or this one from the Post Office for retrieving letters.
However, if much is at stake and legal accuracy is essential, getting it drafted by an attorney. is a good idea.
But even if you use a template and draft the document yourself, get it notorised.
Can a foreign resident designate a POA?
If you live in Switzerland on a B or C permit, then the answer is yes – you can designate a power-of-attorney, or be designated as one yourself, but only for representation within Switzerland.
If your POA lives abroad and the document is based on that country’s legislation, you may need legal advice [to know whether it is legally binding in Switzerland – and under what conditions.
For example, it may have to be translated into a national language, or some of its contents may have to be modified to comply with Swiss rules.
In such cases, it is best to consult an attorney.
