The right way to "get" help     

I don't have the time to manage my administrative affairs, especially not the desire at the moment. I'd still like to enjoy the last few beautiful days instead of the paperwork. To this end, I have given a power of attorney to an acquaintance so that she can look after my bank accounts and other dealings with certain authorities. At the time of writing, I hadn't thought about how to withdraw this power of attorney if necessary; how does that work?

Marc, Geneva

Under Swiss law, a power of attorney is a power that you confer on someone to act on your behalf. It generally falls within the scope of the rules governing power of attorney, governed by the Swiss Code of Obligations (CO). Under the relevant articles, a power of attorney may be revoked at any time by the principal. In principle, a power of attorney ends when it is revoked, when the relationship of trust disappears or in certain cases provided for by law.

Pursuant to Art. 35 of the Swiss Code of Obligations, the death, bankruptcy or incapacity of the principal generally entails termination of the power of attorney, subject to the wishes of the parties or the nature of the case. In the case of certain commercial powers of attorney, the law expressly provides that the death or loss of civil rights of the principal does not automatically terminate the power of attorney, unless expressly revoked (art. 465 CO). It should also be noted that as long as the revocation has not been communicated to third parties or published where an entry in the commercial register is required, third parties may still rely on the power of attorney (art. 461 CO).

To cite some specific examples, a banking mandate or commercial power of attorney does not lapse on the death of the principal; a legal representation mandate also continues beyond the death of the principal until the end of the proceedings or the appointment of a new representative by the heirs. In these situations, the duty of continuity requires the agent to continue the management if the termination of the mandate jeopardises the interests of the principal.

In your case, as this is a personal power of attorney and not a power of attorney entered in the commercial register, you can terminate it at any time, without any particular justification, by clearly informing the person to whom you have given it as well as any third parties who may be concerned (banks, authorities).

A power of attorney is not an administrative prison. It lapses by revocation or automatically in certain specific cases, and it always remains under your control. A quick letter to your bank or the relevant authority, and you'll be able to plan your walks in the sun without worrying that it's the way your paperwork is handled that's going to spoil your sunny days!