Draw up a power of attorney, because then you decide yourself how your affairs are managed and who among your loved ones will manage your affairs.
If you do not have a power of attorney for welfare, in the most difficult and worst-case scenario, your interests may be looked after by a public guardian, who will be a complete stranger and faceless authority figure to you.
Letter of interest A power of attorney for your trustee, who is someone you trust. With this document, you plan and decide yourself how your affairs will be handled and who will handle them when you are no longer able to do so yourself, for example, due to declining health. You can influence who pays your bills, manages your finances, or makes decisions about your healthcare.
Usually, a close relative, such as one's own adult child or spouse, acts as the guardian.
You can draw up a living will so that the authorised person essentially takes care of your financial affairs in general, or it can be limited to certain matters, such as bill payments.
What do you need to consider for a power of attorney?
With a power of attorney, you can also specify matters that the guardian is not legally permitted to carry out without such authorisation. For example, you can grant the attorney the right to make donations of a certain amount on your behalf, for instance to grandchildren on their birthdays, or you can grant the attorney the right to represent the principal in a real estate transaction that would otherwise require the permission of the Digital and Population Data Services Agency (DVV).
In a power of attorney for the supervision of an adult, you can also give instructions on how the deputy's remuneration is determined and whether the deputy is to render an account to the Digital and Population Data Services Agency regarding the management of your finances. However, the obligation to render an account cannot be removed, even with a power of attorney. Furthermore, the Digital and Population Data Services Agency always has the right to request an account and supporting documents for inspection if it deems it necessary. This matter has been considered by the legislator for your legal protection.
FORMALITIES OF THE MANDATE FOR EDUCATIONAL CONTROL
It is generally advisable to have a power of attorney for care drawn up by an expert, especially if you wish to include specific conditions and want to ensure that the formal requirements of the power of attorney are correct, so that the power of attorney is valid.
Templates can certainly be found online too. Templates usually include basic regulations and the essential information for a power of attorney. You can edit the content yourself as you wish. For example, you could write in the power of attorney that you want a massage every other week. So, a power of attorney can be very tailored to suit your specific wishes.
Please note, however, that the lasting power of attorney must specify at least:
- purpose of authorisation,
- situations in which the authorised person is entitled to represent the principal,
- the principal as well as the agent and
- In addition, the power of attorney must include a provision stating that the authorisation comes into effect if the principal becomes incapable of managing their affairs due to illness, mental impairment, deteriorating health, or other similar reason.
TWO UNSUSPECTING WITNESSES
The power of attorney must be signed by two impartial witnesses. The witnesses must be present at the same time when you sign the power of attorney. By their signature, the witnesses attest that the principal has understood the significance of the power of attorney for future care.
It is not advisable to ask the principal’s spouse or the principal’s or their spouse’s child, grandchild, sibling, parent, grandparent, or the spouse of such a person to be a witness. They are not impartial witnesses.
GET AUTHORISED CONSENT AND ALSO ASK FOR A SECONDARY AUTHORISED PERSON
It would be best to ascertain in advance that the authorised person agrees to the task. If the authorised person refuses to do so, the entire welfare mandate loses its meaning.
In case the authorised person does not accept the role in due time or is otherwise unable to perform the duties of the authorised person, it is advisable to also appoint a substitute in the power of attorney. The substitute acts as the principal's representative in such situations when the authorised person is temporarily incapacitated or, for example, ill. Taking into account situations where the authorised person might be incapacitated, it is a good idea to also name a person outside of the family (not a relative) as a substitute in the power of attorney.
Typically, a power of attorney for care is given to the attorney for safekeeping or it is indicated where the document can be found.
THE EDUCATIONAL SUPERVISION AUTHORISATION MUST BE CONFIRMED TO COME INTO EFFECT
However, the power of attorney does not yet take effect after its drafting, but is brought into effect by having it confirmed by the Digital and Population Data Services Agency. The authorised person applies for the confirmation.
Confirmation is made when it is determined that you are no longer capable of managing your affairs. However, a request from an authorised person to confirm a power of attorney is not sufficient on its own; a medical certificate stating that your functional capacity has deteriorated must be attached to the application for confirmation sent to the Digital and Population Data Services Agency.
PERUVIAN POWER OF ATTORNEY BY ABROGATION OR NEW POWER OF ATTORNEY
You can always revoke a power of attorney before it is confirmed. Revocation is done either by making a new power of attorney that mentions the annulment of the old power of attorney or by requesting the power of attorney back from the authorised person and making notes on it concerning the revocation.
And if you want to revoke the entire power of attorney, you can always tear up the enduring power of attorney. Also inform the delegates of the revocation.
Article drafted by the Advocate Tuula Rainto, Amos Law Firm. You can always call him free of charge on 010 299 5090. You can consult our price list Here.
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Article updated 02.11.2021.
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Guardianship power of attorney
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