How to write a power of attorney in Switzerland

A power of attorney allows one person, the principal (or person represented), to authorise another person, the agent (or representative), to act in their name and on their behalf. Under Swiss law, representation is governed by articles 32 et seq. of the Swiss Code of Obligations (CO): when the representative acts within the limits of their authority and in the name of the person represented, it is the latter who is directly bound by the act (art. 32 CO). The scope of the authority is determined by the document that grants it (art. 33 para. 2 CO), which is why precise wording is so important.

There are two types: the general power of attorney and the special power of attorney. The first authorises the agent to manage all of the principal's affairs or a broad area, for example all their dealings with a bank. The second is limited to one specific act or series of acts, such as collecting a registered letter, signing a particular contract or representing the principal at a meeting. Be careful: certain important acts are only covered if they are expressly mentioned. This applies in particular to settling disputes, agreeing to arbitration, entering into bills of exchange, selling or encumbering real estate and making gifts (art. 396 para. 3 CO).

In principle, the law does not require any particular form for granting authority. A written power of attorney, dated and signed by the principal in their own hand, is enough in the vast majority of situations and, above all, is essential proof for third parties. Some procedures, however, require more. For a sale of property or the creation of a mortgage, the notary and the land register in practice ask for a power of attorney with a signature certified by a notary or a competent authority. The same often applies to entries in the commercial register, and an apostille may be needed if the document is to be used abroad.

A well-drafted power of attorney contains the full identity of the principal and the agent (surname, first name, date of birth, address), a clear description of the powers granted, the period of validity or a statement that it is valid until revoked, the place and date, and the principal's signature. The more concrete the scope, the fewer reasons a third party will have to refuse the document.

The principal can revoke or restrict the power of attorney at any time (art. 34 para. 1 CO), and any advance waiver of this right is void (art. 34 para. 2 CO). To take effect, the revocation must be communicated to the agent and, ideally, to any third parties who knew about the power of attorney, such as the bank. Once the authority has ended, the agent must return the written document (art. 36 CO). Unless otherwise agreed or the nature of the business requires otherwise, the power of attorney ends in particular on the death of the principal or if the principal loses the capacity to exercise civil rights (art. 35 CO). To plan ahead for your own possible loss of capacity, the Swiss Civil Code (CC) provides a separate instrument, the advance care directive for financial and personal matters (mandat pour cause d'inaptitude, art. 360 ff. CC), which is subject to strict formal requirements.

In everyday life, a power of attorney is mainly used to collect items at La Poste, to deal with a municipal or cantonal administration, to manage a bank account or to be represented at a meeting of property owners. La Poste and most banks offer their own forms and may require you to use them: check before you start.

A few precautions are essential. Only give broad powers to someone you trust, limit the duration where possible and avoid vague wording such as "full powers". Keep a copy, note who you gave the original to and ask the agent to show an identity document when carrying out formalities. If you are unsure about an important act, have the document checked by a professional.

SwissDoc helps you draft a clear power of attorney, with the identities of the parties, the scope of the powers and the period of validity, ready to sign. Your first three documents are free, no credit card required.