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Elder law covers the legal issues that commonly affect older adults and their families - for example planning for incapacity, arranging care, handling pensions and benefits, and settling estates. In Wohlen, a municipality in the canton of Aargau, elder law sits at the intersection of federal rules in the Swiss Civil Code and social and administrative practice at cantonal and municipal level. Practical matters often involve local social services, cantonal adult-protection authorities, healthcare providers and pension administrators, so having clear legal documents and local advice is important.
People seek elder-law lawyers for many reasons. Typical situations include:
- Preparing or reviewing a Vorsorgeauftrag (advance mandate) and Patientenverfügung (advance health directive) so the client’s wishes are legally effective.
- Advising on adult-protection measures when cognitive decline or illness raises questions about capacity and decision-making.
- Handling disputes over inheritance, wills, and division of assets under Swiss succession law.
- Negotiating contracts and disputes with nursing homes and care providers, including fee calculations and liability questions.
- Representing clients in appeals or applications for social security benefits - for example AHV, IV or pension-fund claims.
- Protecting against financial abuse, setting up asset protection measures, or seeking restitution where misuse of funds or undue influence is suspected.
- Advising on tax, matrimonial property and cross-border issues for people with assets or family relations in other countries.
Key legal frameworks and local institutions that matter for elder law in Wohlen include:
- Swiss Civil Code (Zivilgesetzbuch, ZGB): The ZGB contains the rules governing adult protection - including the Vorsorgeauftrag (advance mandate), the Patientenverfügung (advance directive), and court-ordered measures such as Beistandschaft (assistance) or guardianship. It also governs inheritance law and matrimonial property regimes.
- Erwachsenenschutzrecht (adult-protection law): Since the 2013 reform, Swiss law favors limited and individualized support - meaning the court or authority may appoint assistants with tailored powers rather than full guardianship. Local cantonal authorities implement these provisions in practice.
- Social security and pensions: AHV/IV, occupational pensions (Pensionskassen) and private pension pillars affect income and funding for long-term care. Administrative procedures and appeals are regulated at federal and cantonal levels.
- Health insurance and long-term care funding: Basic health insurance covers many medical services, and long-term care costs are covered by a mix of personal funds, insurance, and cantonal/municipal social assistance when necessary. Municipal social services in Wohlen and the cantonal social authorities of Aargau handle means-tested support.
- Cantonal and municipal authorities: The Vormundschafts- und Erwachsenenschutzbehörde in the canton of Aargau and the local social services office in Wohlen play central roles in assessing capacity, appointing assistance, and coordinating care and financial support.
- Consumer and contract law: Contracts with care providers, nursing homes and service suppliers are governed by Swiss contract and consumer protection law, and disputes can lead to negotiation, mediation or court proceedings.
A Vorsorgeauftrag is an advance mandate that lets you name a trusted person to manage your personal, financial and administrative affairs if you lose capacity. It gives clear authority to act and can prevent the court from imposing measures you would not want. It should be carefully drafted to allocate powers, conditions and safeguards.
A Patientenverfügung is an advance health directive that states your wishes about medical treatment and life-sustaining measures if you cannot express them. A Vorsorgeauftrag is broader - it can include authority over finances, residence and administrative matters as well as health decisions, but the Patientenverfügung can be the document that directs specific medical choices.
The canton steps in if a person can no longer manage important aspects of life and either has not made adequate advance arrangements or the arrangements are insufficient. Authorities aim for the least intrusive measure - so they may appoint a Beistand (assistant) with limited powers rather than full guardianship. A medical capacity assessment and a formal procedure by the Vormundschaftsbehörde are usually required.
Yes - through a Vorsorgeauftrag you can name preferred persons and specify powers. If no advance mandate exists, the authority will normally try to appoint someone close to the person, such as a family member, but the court will prioritize the best interests of the person and may refuse someone unsuitable.
Nursing-home costs are usually paid from the resident’s income and assets, including pensions. If those are insufficient, applicants may apply for municipal or cantonal social assistance. Some long-term-care costs are covered by health insurance depending on the care required. A lawyer or social-service advisor can help assess entitlements and negotiate contributions.
Protections include criminal sanctions for fraud and abuse, civil remedies to recover assets, immediate protective measures by authorities, and the appointment of a legal assistant to manage finances. It is important to report suspected abuse to the police and to the cantonal adult-protection authority promptly.
Swiss succession law protects certain close relatives through forced heirship rules, so you cannot completely disinherit direct descendants, parents or a spouse without respecting their statutory shares. A will or inheritance pact can allocate estate elements, but legal reserved portions must be observed. Estate planning should be done with legal advice to achieve your goals within the law.
Many advance documents can be drafted without a lawyer if you understand the legal consequences, but a lawyer is advisable for complex matters - such as contested guardianship, inheritance disputes, pension or tax issues, cross-border estates, or suspected abuse. Local lawyers understand cantonal practice and can coordinate with social services and courts.
Foreign assets, pensions and cross-border family situations raise additional legal questions. Swiss law will govern Swiss-located assets and certain formalities, but international private law and foreign law may apply to assets abroad. A lawyer with cross-border experience can advise on conflicts of law and on coordinating estate planning internationally.
Yes. Municipal social services can advise on social assistance and healthcare financing. Legal aid is available in many cantons for people who cannot afford a lawyer, subject to means and merits tests. Some non-profit organisations offer counselling and low-cost assistance for older people. Ask the Wohlen social service office or the cantonal legal-aid authority about eligibility.
Useful organisations and institutions to contact or consult include:
- The Vormundschafts- und Erwachsenenschutzbehörde of the canton of Aargau for questions about adult-protection measures and guardianship procedures.
- The social services office in Wohlen for municipal social assistance, care coordination and local advice on nursing-home funding.
- Pro Senectute - offers counselling and information on ageing-related topics across Switzerland and may have cantonal branches active in Aargau.
- Pro Infirmis - supports people with disabilities and can assist with advice, advocacy and practical arrangements if disability or cognitive impairment is involved.
- Cantonal pension and social-insurance offices for questions about AHV, IV and occupational pensions.
- Local legal-aid and consumer-protection offices for information about costs and access to low-cost legal help.
- Police and adult-protection authorities - report suspected abuse or fraud immediately so they can open investigations and take protective measures.
If you or a loved one needs legal assistance in elder law in Wohlen, consider this practical roadmap:
- Gather important documents: identity papers, passport, marriage and birth certificates, bank statements, pension and insurance paperwork, existing wills, Vorsorgeauftrag and Patientenverfügung if any, and correspondence with care providers.
- Contact the Wohlen social services office to learn about immediate support options, potential social assistance and local care coordination.
- Draft or review advance directives: if you do not have a Vorsorgeauftrag and Patientenverfügung, consider preparing them now so your wishes are clear. A lawyer or a specialised counsellor can help ensure they meet legal requirements.
- If there is a dispute, suspected abuse, or complex estate or cross-border issues, consult an elder-law lawyer experienced in Aargau practice. Prepare a short summary of the facts and a list of documents before the meeting to make the first consultation efficient.
- Ask about fees and legal-aid options up front. Many lawyers offer an initial consultation; municipal or cantonal legal-aid schemes may subsidise representation for eligible persons.
- Keep your family informed and involve trusted persons in planning. Clear communication can prevent disputes and ensure that the measures you put in place reflect your priorities.
Note: This guide provides general information only and does not replace personalised legal advice. For decisions that affect rights, property or health, consult a qualified lawyer or the appropriate cantonal authority.
