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Swiss Civil Code

Art. 378

B. The rep­res­ent­at­ive

 

1 The fol­low­ing per­sons are en­titled in the fol­low­ing or­der to rep­res­ent the per­son lack­ing ca­pa­city of judge­ment and to grant or re­fuse con­sent to the planned out-pa­tient or in-pa­tient meas­ures:

1.
a per­son ap­poin­ted in a pa­tient de­cree or in an ad­vance care dir­ect­ive;
2.
a deputy with a right to act as rep­res­ent­at­ive in re­la­tion to med­ic­al pro­ced­ures;
3.
any per­son who as a spouse or re­gistered part­ner co­hab­its with the per­son lack­ing ca­pa­city of judge­ment or who reg­u­larly and per­son­ally provides him or her with sup­port;
4.
any per­son who co­hab­its with the per­son lack­ing ca­pa­city of judge­ment and who reg­u­larly and per­son­ally provides him or her with sup­port;
5.
is­sue who reg­u­larly and per­son­ally provide the per­son lack­ing ca­pa­city of judge­ment with sup­port;
6.
the par­ents, if they reg­u­larly and per­son­ally provide the per­son lack­ing ca­pa­city of judge­ment with sup­port;
7.
sib­lings, if they reg­u­larly and per­son­ally provide the per­son lack­ing ca­pa­city of judge­ment with sup­port.

2 If more than one per­son has the right to act as the rep­res­ent­at­ive, the doc­tor, act­ing in good faith, may pre­sume that each acts with the agree­ment of the oth­ers.

3 If a pa­tient de­cree con­tains no in­struc­tions, the rep­res­ent­at­ive shall de­cide ac­cord­ing to the pre­sumed wishes and in­terests of the per­son lack­ing ca­pa­city of judge­ment.