A continuing power of attorney gives another person the right to manage your affairs in case you are unable to manage them yourself. When you draw up a power of attorney, consider the things that matter to you that the attorney should know when managing your affairs. It is a good idea to draw up a power of attorney well in advance, even if there is no need for one at the moment.
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, you can determine who will manage your affairs, which affairs they will manage and how they will manage them. Furthermore, you can determine how the activities of the attorney should be supervised.
Approval of the power of attorney is not required; you do not send it to us for review. The attorney should only apply for the confirmation of the continuing power of attorney from the Digital and Population Data Services Agency when it must be validated for use.
More on confirming a continuing power of attorney.
What do you include in a continuing power of attorney?
A continuous power of attorney must be made in writing. Two other qualified witnesses must both be present when the granter signs the document or acknowledge that their signature is on the document After this, the witnesses verify the document with their own signatures. The witnesses must be aware that the document is a continuing power of attorney but the granter does not need to explain the details to them.
The continuing power of attorney must include the following:
- The granter, i.e. the author of the power of attorney.
- The attorney, i.e. the person to whom the granter gives the right to represent them in the management of their affairs.
- Before the appointment of the attorney, it is advisable to check with the person concerned that they are prepared to accept the responsibility when this is required.
- The document in question is a power of attorney.
- It includes the matters that the attorney is entitled to handle on behalf of their granter.
- Very detailed instructions on how the property and matters should be managed can often be included in the power of attorney.
- A condition according to which "the authorisation will enter into force when the granter becomes incapable of managing their affairs because of an illness, disturbance of mental capacity, declining state of health or some other similar reason".
Where should the power of attorney be kept?
The power of attorney should be kept in a place where the attorney can access it at the time it needs to be confirmed. The power of attorney can, for example, be given to the attorney to keep. It can also be kept in a bank's safety deposit box. In that case, it is important to ensure that the attorney has access to the safety deposit box.
A continuing power of attorney cannot be sent to the Digital and Population Data Services Agency for storage. The attorney may only deliver it to us when you are no longer able to manage your affairs and it has become necessary to confirm the power of attorney.
The original continuing power of attorney must also be kept after it has been confirmed.