What can a future power of attorney include?
Basically, the future power gives the same rights as a general power of attorney and in this way gives the recipient (s) the right to take any action on behalf of the proxy – both in personal and financial matters. This includes, among other things, having money, selling real estate or protecting your interests in relation to public authorities.
However, one of the smart things about a future power is that you can choose how many conditions the future power should include. You can therefore choose to grant a future power of attorney for all personal and financial matters, but you can also choose to limit the future power to only apply, for example, financial matters.
However, if you choose to make restrictions on the future power, it is important to be very precise about the circumstances of the future power so that the person you give the power of attorney can actually act on the matters that, you originally intended.
However, no matter how you choose to make your future power, as a future power of attorney, you will always maintain your personal freedom of action. That is, the future counselor cannot force you to perform or fail an act, such as e.g. to marry, to make wills or to force you into nursing homes.
Why should I make a future power?
There are several reasons why it may be a good idea to create a future power:
- You decide for yourself who will take care of your interests if you yourself are unable to take care of them.
- With a future authorization, you avoid being empowered if you later cannot take care of your own interests ( empowerment takes place in some cases to facilitate processes, for example in connection with the sale of house ).
- The future power is drafted and signed while you continue to be able to do so – and will only take effect if you lose the ability to protect your own interests.
- A future power of attorney allows one or more people you have near to provide for your financial and personal circumstances, rather than the authorities.
Who can make a future power?
Anyone can create a future power. The only requirement is that all parties involved are 18 years of age and authority, ie. both the giver and the person (s) receiving the future authorization, as well as the future proxy being able to act reasonably at the time of entering into the future proxy. Being able to act reasonably means that one is able to overlook the consequences of creating a power of attorney that will only apply at some point in the future.
It also means that a future power of attorney is for anyone who wants security for the future, regardless of your age, and whether you are sick or not.
A future power can only be granted as an individual, which means that spouses, for example, cannot make a future power that describes both parties’ wishes, or if both parties wish to be proxies for each other. In other words, a future power of attorney must be made per person.
When can the future power be used?
A future power of attorney will be put into effect by the Family Law House if they believe that you can no longer defend your interests in the areas covered by the future power. The decision will then be registered in the Person Book, and then the future power will be publicly available.
Changing a future power
If you want to change your future power, there are various ways to approach it, depending on whether or not the future power has already come into force.
If the Family Law House has not yet put the future power into effect, for example, if the future power has not yet been confirmed by a notary, you as a proxy must revoke the future power to make changes.
If the future power has been confirmed for a notary, a change or revocation must be made with the notary. To this end, the notary will assess your ability to act reasonably and to ensure that the change or revocation is done at your own discretion.
Please note that prior to visiting the notary, you must create a new future authorization if you want to make changes.
