Senior & Assisted Living Agreement (Switzerland)
A Swiss-law senior and assisted-living agreement covering both accommodation and care or support services. Includes scope of services, safeguarding, emergency contacts, fees and health-based termination.
What's included
- Clear split of accommodation versus care/support services
- Scope of care and included services
- Fees, service charges and increases
- Safeguarding and adult-protection framework
- Next-of-kin and emergency contact details
- Health and care-need review
- Termination on health or care grounds
- Consumer-protection and cancellation terms
- Signature block for resident, operator and representative
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🇨🇭 Local law notes — Switzerland
Swiss assisted living is typically a mixed contract: the accommodation part falls under the tenancy rules of the Code of Obligations (including the Art. 257e deposit cap), while care and support is a separate services contract, and any nursing care is regulated and licensed under cantonal health law. Where a resident lacks capacity, the adult-protection regime of the Civil Code (Art. 360 ff. ZGB) and the KESB apply, and advance directives (Patientenverfügung) or care mandates (Vorsorgeauftrag) must be respected. Standard terms must be fair; surprising or one-sided clauses risk being void under Art. 8 UWG. Health data requires heightened protection under the revised Federal Act on Data Protection (nFADP).
Inside the document
1. Parties and Residence
This Agreement is between the operator (Betreiber) and the resident (Bewohner), and where relevant the resident's legal representative, for supported senior accommodation (betreutes Wohnen). Accommodation and services are addressed separately in this Agreement.
2. Accommodation
The accommodation element grants the resident use of the stated apartment or room. Where it confers exclusive use for rent, the tenancy provisions of the Code of Obligations (Art. 253 ff. OR) apply to that element, including the deposit cap of Art. 257e OR.
3. Scope of Care and Support Services
The service element covers the listed support: for example an emergency call system, meals, cleaning, laundry, activities and basic assistance. Medical or nursing care (Pflege) is provided only if expressly listed and is otherwise arranged through external, appropriately licensed providers under cantonal health law.
4. Fees and Charges
The resident pays a rent for accommodation plus a separately itemised service fee. The basis for any fee increase is stated in advance. The operator sets out clearly which items may be covered by health insurance (Krankenversicherung) or long-term-care financing and which are private.
5. Care-Need Assessment
The resident's care needs are assessed on entry and reviewed periodically. Where needs exceed what the residence can safely provide, the operator discusses transition to a nursing home (Pflegeheim) or additional external care.
6. Safeguarding and Adult Protection
The operator maintains safeguarding measures and staff conduct standards. Where a resident lacks capacity, the Child and Adult Protection Authority (Kindes- und Erwachsenenschutzbehörde / KESB) and any appointed deputy (Beistand) under the adult-protection law (Erwachsenenschutzrecht, Art. 360 ff. ZGB) are involved as required.
7. Emergency Contact and Next of Kin
The resident names a next of kin and emergency contact, and any holder of an advance care directive (Patientenverfügung) or power of representation (Vorsorgeauftrag). The operator contacts them in an emergency or on a significant change in health.
8. Consumer Protection
Terms are presented fairly; unfair or surprising standard terms are unenforceable under the Unfair Competition Act (UWG, Art. 8) and general contract law. Any statutory or contractual cooling-off / cancellation right is honoured.
Frequently Asked Questions
Is Swiss assisted living treated as a tenancy or a care contract?
It is usually a mixed contract: the accommodation element is generally a tenancy under the Code of Obligations, while the care and support element is a separate services contract. Nursing care itself is regulated under cantonal health law and licensing.
Who protects a resident who loses mental capacity in Switzerland?
The Child and Adult Protection Authority (KESB) and any appointed deputy (Beistand) act under the adult-protection provisions of the Civil Code (Art. 360 ff. ZGB). An advance directive (Patientenverfügung) or care mandate (Vorsorgeauftrag) can also govern decisions.
Can the operator end the contract if care needs grow?
Yes, where the residence can no longer safely meet the resident's needs, but only after consulting the resident and family and providing a dignified transition, typically to a nursing home (Pflegeheim).