Art. 378 SCC from 2024
Art. 378 B. The representative
1 The following persons are entitled in the following order to represent the person lacking capacity of judgement and to grant or refuse consent to the planned out-patient or in-patient measures:1. a person appointed in a patient decree or in an advance care directive;2. a deputy with a right to act as representative in relation to medical procedures;3. any person who as a spouse or registered partner cohabits with the person lacking capacity of judgement or who regularly and personally provides him or her with support;4. any person who cohabits with the person lacking capacity of judgement and who regularly and personally provides him or her with support;5. issue who regularly and personally provide the person lacking capacity of judgement with support;6. the parents, if they regularly and personally provide the person lacking capacity of judgement with support;7. siblings, if they regularly and personally provide the person lacking capacity of judgement with support.
2 If more than one person has the right to act as the representative, the doctor, acting in good faith, may presume that each acts with the agreement of the others.
3 If a patient decree contains no instructions, the representative shall decide according to the presumed wishes and interests of the person lacking capacity of judgement.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.