The precautionary order aims at ensuring the personal care, the financial care and the representation of a person for the event that such person loses its decisionmaking capacity (e.g. dementia or severe accident). It needs a special form in order to be valid. Should a precautionary order already exist, its form and its content have to be reviewed and adjusted as soon as possible, latest until the end of 2012.
Furthermore, there shall be a new possibility in the inheritance law to, by means of a testamentary disposition, dispose of the statutory share of a permanently incapable descendant with effect upon its death. Such inheritance dispositions may already be made before entry into force of the new legislation. Both innovations open up new, tailor-made solutions. It is recommended that you consult specialist advice in the formulation of the precautionary order and on the succession arrangements.
German and French versions of the publication entitled "Chancen und Risiken rechtlicher Neuerungen 2011/12" may be ordered from Schulthess Verlag.
Publication in German.
