Power Of Attorney

General Power

If you make one General Power, the proxy will have the right to take any action on your behalf. This includes, among other things, the right to dispose of your money, sell or pledge real estate or trade with public authorities. However, you can easily make a general power of attorney where individual actions are exempt, such as selling or pledging real estate.

A general power of attorney can be advantageous if you are unable to take care of your own interests, for example, if you are staying abroad or are admitted to a hospital. As the General Power provides a very broad framework for the right of the Attorney General to act on your behalf, it is very important that you have full confidence in the Clerk ( e ), and that this will act in accordance with your interests.

Special Power

If you make one special power, on the other hand, the clerk is only entitled to take certain limited actions on your behalf. It may include representing you to a public authority, selling or pledging real estate, voting at a general meeting, picking up a package, raising money in the bank or otherwise, which you may find relevant. You can thus delineate what actions the clerk can take on your behalf.

If you know that assistance is only needed for one or more specific matters, you should choose a special power of attorney that entitles you to this, since a general power of attorney provides more or less unlimited opportunities for the clerk.

Difference between a power of attorney and a future power of attorney

A power of attorney is NOT the same as a future power. A future power of attorney will only take effect if you ( proxy ) are no longer able to handle your own affairs. A future power is thus prepared to secure itself in the future in the case of, for example, dementia or other illness. It is therefore also important to be aware that a general power of attorney cannot replace a future power. 

Make a future power here

Why should I make a power of attorney?

You may want to make a power of attorney if you need another person to act on your behalf. This may be, for example, if you are staying abroad, need help selling a house, or protecting your interests towards the public.

If you have a family member who, for example, due to high age, has a very difficult time providing for his daily and financial obligations, this can be an advantage, that they make a general power of attorney for you so that you can take care of the interests of the family member. You can read more about general powers further down in the text.

How to write a power of attorney?

There are a number of issues that a power of attorney should always address. We have compiled these in a clear overview, which you can find below. If all of these matters are uncovered in your power of attorney, you can be assured of the validity of the power of attorney. We therefore recommend that you use the following as proxy template, if you decide to make your own power of attorney:

1. Who is a proxy?
2. Who can act on behalf of proxy?
3. What does the power of attorney ( actions ) include?
4. Can the power of attorney be transferred?
5. When does the power of attorney come into force?
6. How is the power of attorney revoked?
7. Proper endorsement of knowledge witnesses.