Drawing up a power of attorney document
A continuing power of attorney is a more flexible way to arrange the management of a person’s affairs for the future than traditional guardianship. With a continuing power of attorney, it is possible for a person to arrange the management of their affairs in advance in case they become incapable of managing them later because of reasons such as an illness or a declining state of health.
A continuing power of attorney can be drawn up by an adult who understands the content and importance of the document.
In a continuing power of attorney, the donee is given the right to represent the donor in the management of the donor's affairs. In addition, it may be necessary to provide the donee with more detailed instructions on how these powers should be used. Such instructions are individual, and they bind the donee. It is advisable to draw up the instructions in writing. When drawing up a continuing power of attorney, the donor should think about whether they would like to provide the donee with more detailed instructions on how to manage certain matters that are important to the donor. Such instructions may be related to selling property, its storage, or the use of the assets.
Why you should draw up a continuing power of attorney
By drawing up a continuing power of attorney you can decide how your affairs will be managed when you can no longer manage them yourself. In the continuing power of attorney, you can determine who will manage your affairs, which affairs they will manage and how they will do this. Furthermore, the power of attorney allows you to determine how the activities of the donee will be supervised.
Content of continuing power of attorney
You must draw up the power of attorney in writing and in a standard format. It must be signed in the presence of two impartial witnesses who are present at the same time. The continuing power of attorney must fulfil certain formal criteria to be considered a continuing power of attorney and not a usual power of attorney.
The continuing power of attorney must indicate the person who has made the power of attorney (donor) and the person to whom the donor gives the right to represent them in the management of their affairs (donee). The power of attorney should indicate the matters in which the donee has the right to represent the donor. For example, the donor may give the donee the right to take care of their property and other financial matters and their personal matters, such as health care and medical care. Very detailed instructions on how the property and matters should be managed can often be included in the power of attorney, such as instructions concerning the selling of immovable property, gifts given from the donor’s assets, the remuneration paid to the donee, the compensation of the donee’s expenses and the supervision of the donee’s activities. Before the appointment of the donee, it is advisable to check with the person concerned that they are prepared to accept the responsibility when this is required.
It is recommended that the donor should use the services of a specialist when making a continuing power of attorney because the format of the document must comply with certain criteria. However, this is not necessary, and it is also possible to draw up the document independently, as long as the donor makes sure that the continuing power of attorney meets the criteria set out for it in legislation. A continuing power of attorney must be drawn up in writing and the person who drew it up must also sign it himself or herself. When the power of attorney is signed, two impartial witnesses must be present at the same time and also sign the document.
More information on how to draw up a power of attorney
You will find more information on drawing up a power of attorney by clicking the headings below.
Storage of the original continuing power of attorney
It is very important to keep the original continuous power of attorney. The power of attorney should be kept in a place where the donee can access it when it is time to have the power of attorney confirmed. The power of attorney can be given to the donee to keep.
The original continuing power of attorney is not submitted to the guardianship authority until when it is confirmed. A continuing power of attorney cannot be given to the authorities for storage.
A continuing power of attorney can also be kept in a safe deposit box of a bank. In that case, it is important to ensure that the donee has access to the safe deposit box.
It is also important to keep the original document because the donee needs it even after the authority has confirmed the continuous power of attorney. If requested, the donee must present the original power of attorney to the parties that they deal with on behalf of the donor.