A future power of attorney is a legal document that specifies who will manage your affairs when you are no longer able to do so yourself, due to reasons such as mental illness (e.g., dementia) or serious illness.
Requirements for the Design of a Future Power of Attorney
According to the Guardianship Act (Vergemålsloven), there are several requirements for the design and content of a future power of attorney. It must be:
Written
Clearly state that the power of attorney takes effect in the future
Signed by two witnesses chosen by the grantor
For detailed information on how to design and what should be included in a future power of attorney, you can refer to the County Governor (Statsforvalteren). To ensure the contents of the document are comprehensive, it is advisable to seek legal advice. Unfortunately, we cannot offer such advisory services.
Where Should a Future Power of Attorney Be Stored?
We recommend storing both the original power of attorney and some certified copies of it in a secure place. There is no official register for future powers of attorney, and they cannot be registered with the County Governor.
What Does the Bank Require for a Future Power of Attorney to Be Used?
For the bank to recognize and implement a future power of attorney, the following are required:
The original or certified true copy of the power of attorney.
A confirmation from the County Governor stating that the power of attorney has come into effect.