Lexipedia

Substitute consent

Substitute consent allows an authorised person to decide on medical treatment when the patient lacks capacity and no valid choice applies.

Substitute consent is used when a patient cannot decide and the treatment is not already governed by a valid advance directive or emergency necessity. Swiss law provides an order of possible representatives, including persons designated by the patient, legal representatives and close relatives in defined circumstances. The representative must follow the patient’s known or presumed wishes and best interests, not personal preferences. Health professionals should provide the same material information needed for consent and document the decision. Disputes may require involvement of the adult protection authority.