Future powers of attorney

At Kielberg Advokater, we assist with the creation of future powers of attorney, where you can future-proof your personal and financial affairs in the event that you are affected by illness (e.g. after an accident or dementia), impaired mental function/health or similar in the future. It is important to have the document drawn up while you are still competent and can understand the meaning of the content, as this is a condition for its creation.

When a principal creates a power of attorney for the future, he or she appoints one or more future representatives, so-called proxies, who can take care of the principal’s financial and personal affairs if he or she is unable to do so in the future.

The future power of attorney must be registered in writing in the future power of attorney registration system, where the document must be signed with NemID / MitID – and then approved by a notary in the probate court. At Kielberg Advokater, we assist with both the creation and registration of the future power of attorney – and we guide you through the entire process, including the signing with NemID / MitID and the appointment with the probate court. If the principal is exempt from using NemID / MitID, it is possible to create a paper-based power of attorney, which Kielberg Advokater is also happy to assist with.

As long as the principal is able to manage their own affairs, the future power of attorney has no effect. The future power of attorney is inactive and “rests” in the future power of attorney register until the principal or the proxy holder(s) requests its revocation due to illness or similar. The revocation requires, among other things, a medical certificate.

A future power of attorney is a good alternative to guardianship under the Guardianship Act. Among other things, there is a much greater degree of self-determination with a power of attorney for the future. In addition, a power of attorney for the future ensures that relatives do not have to take an unpleasant initiative for guardianship with the authorities.