In short
Two documents let you anticipate an ageing parent's loss of capacity — and they do not do the same thing:
- The power of attorney for incapacity (MCI) names who will manage their affairs and representation (administration, finances, housing, personal care).
- Advance directives (DA) state which medical care they accept or refuse if they can no longer express themselves (treatments, resuscitation, end of life).
They are not alternatives: most families need both. Both come under federal law (Civil Code, art. 360 ff) — identical across Switzerland. Only the implementation is local: in Geneva it is the Adult and Child Protection Court (TPAE) that validates the mandate and steps in if nothing was prepared. And here is the crucial point: once capacity is lost, it is too late to write either one.
Mandate or directives: which does what?
| Power of attorney for incapacity (MCI) | Advance directives (DA) | |
|---|---|---|
| What it's for | Naming who manages affairs and representation | Recording your medical-care wishes |
| Covers | Administration, banking, taxes, housing, mail, personal care | Treatments accepted/refused, resuscitation, end of life |
| Legal basis | Civil Code art. 360 ff (form: art. 361) | Civil Code art. 370–371 |
| Required form | Holographic (all handwritten, dated, signed) or notarised | Written, dated and signed (a recognised form is enough) |
| Who acts | The agent you named | The doctor, guided by your wishes and your therapeutic representative |
The simple rule: the MCI answers "who decides and manages?", the DA answer "which care?". That is why you usually need both — one does not replace the other.
How to write a valid power of attorney for incapacity
This is where many families get it wrong. The MCI follows a strict form (Civil Code art. 361). To be valid, it must be:
- either written entirely by hand, dated and signed by the person (holographic mandate);
- or drawn up before a notary (authentic form).
⚠️ A mandate typed on a computer and then merely signed is NOT valid. This is the most frequent mistake — and it is often discovered at the worst possible moment, when the document needs to take effect.
A well-drafted MCI also sets out:
- the scope of powers — asset management, personal care, legal representation, banking, mail: to be detailed explicitly;
- a substitute agent, in case the first choice is unavailable or dies;
- where the document is kept — a mandate that cannot be found is useless (see registration below).
What happens in Geneva, step by step
- Anticipate, while the person still has capacity. Write the MCI (affairs + personal care) and the DA (medical care). This is the only possible window.
- Keep it and flag it. State the existence and place of deposit of the documents: relatives, treating doctor, notary, insurance card. In Geneva, you can record the existence of the MCI in the civil-status register (Infostar, about CHF 75).
- If capacity is lost, the TPAE:
- systematically checks whether an MCI and/or DA exist;
- if so, validates the mandate (capacity when written, legal form, the agent's suitability) — the agent then takes up their role;
- if not, puts in place measures by operation of law or a deputyship.
The MCI does not activate automatically: it needs the step before the TPAE to take effect. That is precisely why it must be findable on the day.
And if nothing was prepared? (measures by operation of law, deputyship)
Without an MCI or DA, you undergo the system instead of choosing it:
- [Federal] Measures by operation of law: for everyday acts, the spouse or registered partner can represent the person without an authority decision (Civil Code art. 374 ff). This is useful, but limited to ordinary affairs — and non-existent for a widowed, divorced or single parent.
- [Federal / Geneva] Deputyship: for the rest, the TPAE orders a tailored deputyship (curatelle), calibrated to needs (from simple support to representation with asset management). It is a heavier, slower procedure that involves a deputy — sometimes from outside the family — and regular court oversight.
In other words: anticipating means keeping control. The MCI lets you name yourself who will manage your affairs; failing that, the court decides.
A shield against financial abuse
Legal protection is not only about logistics: the MCI and deputyship are also a bulwark against financial abuse, common against isolated or cognitively frail older people. A few warning signs:
- unexplained withdrawals or transfers, accounts being emptied;
- the appearance of very present "new friends", or a relative who isolates the person;
- a sudden change of will, power of attorney or beneficiary;
- unpaid bills despite available resources, diverted mail.
If you suspect abuse in Geneva, you can report the situation to the TPAE (in writing, ideally with a medical certificate); a management deputyship can be ordered. Nationally, the "Old age without violence" line — 0848 00 13 13 (which directs you to alter ego in French-speaking Switzerland) handles situations of physical, psychological or financial abuse or neglect.
Common pitfalls
- Waiting for the crisis. After a stroke or advanced dementia, capacity is lost: you can no longer write an MCI or DA. This is the window not to miss.
- Writing a non-compliant MCI. Typed and signed ≠ valid. It must be holographic (all handwritten) or notarised.
- Confusing MCI and DA. One manages affairs, the other medical care: you usually need both.
- Forgetting the substitute agent or failing to specify the scope of powers (health, assets, mail, banking).
- Not saying where the document is. An MCI that cannot be found is useless — hence the value of recording it in the civil-status register and informing relatives.
Useful resources (Geneva)
- Adult protection — anticipate (GE portal): ge.ch — anticipate
- The power of attorney for incapacity (MCI): ge.ch — MCI
- Register an MCI in the civil-status register (Infostar, about CHF 75): geneve.ch — register an MCI
- Deputyships (curatelles): ge.ch — deputyships
- TPAE — Adult and Child Protection Court: justice.ge.ch — TPAE · Rue des Glacis-de-Rive 6, 1207 Geneva · 022 327 69 30
- Abuse — "Old age without violence" line: 0848 00 13 13 (alter ego)
💡 Putting these documents in place without getting the form wrong is exactly what we handle as part of the Family Care & Admin Review: we take stock of what already exists, what is missing (MCI, advance directives, naming the agent), and we give you a clear set of next steps, pointed toward the notary or the TPAE depending on your situation.
Sources
- State of Geneva — The power of attorney for incapacity (MCI) (holographic/authentic form, validation by the TPAE): ge.ch — MCI — accessed 2026-06-24
- State of Geneva — Measures applied by operation of law (representation by spouse/partner): ge.ch — measures by operation of law — accessed 2026-06-24
- State of Geneva — Deputyships : ge.ch — deputyships — accessed 2026-06-24
- Swiss Civil Code — MCI art. 360 ff (form art. 361), advance directives art. 370–371, measures by operation of law art. 374 ff — accessed 2026-06-24
- Geneva Judiciary — TPAE (address, 022 327 69 30): justice.ge.ch — TPAE — accessed 2026-06-24
- State of Geneva — Register a power of attorney for incapacity (Infostar, about CHF 75): geneve.ch — accessed 2026-06-24
- alter ego — elder abuse (line 0848 00 13 13): alter-ego.ch — accessed 2026-06-24