The validity of pension fund mandates is regulated at cantonal level

The daughter of a man under guardianship lodged an appeal with the Federal Supreme Court against a ruling by the KESB. She claimed that the advance care directive did not fulfil the necessary formal requirements and was therefore invalid. In particular, she criticised the fact that two witnesses were not present at the signing.

The Federal Supreme Court dismissed the appeal and clarified that the public notarisation of an advance care directive is carried out in accordance with cantonal law. The involvement of two witnesses is only required if this is expressly prescribed by cantonal law. (Source: BGE 5A_336/2024 of 17.1.25)