What is a lasting power of attorney?

A lasting power of attorney is a legal document to be activated at some future stage if you become weakened, seriously ill or lose your ability to attend to your own personal or financial affairs.

A lasting power of attorney is a strong alternative to a guardianship as it enables you to choose your own agent, who may e.g. be a close relative.

If the lasting power of attorney comes into force, the person(s) appointed by you will become your agent(s) authorised to represent you and act on your behalf.

The lasting power of attorney will not come into force until a medical evaluation of your condition has been obtained.

Who can draw up a lasting power of attorney?

In order to draw up a lasting power of attorney, you must be at least 18 years old and be capable of understanding the consequences of drawing up the lasting power of attorney. If you are under guardianship, it means that you cannot draw up a lasting power of attorney.

5 reason to draw up a lasting power of attorney

You decide yourself the contents of the lasting power of attorney
You can make directions about all your financial affairs, and you avoid the administration by a trust department, which is what happens under a guardianship
You can make directions about your personal affairs in a lasting power of attorney, which you cannot do in a general power of attorney
The lasting power of attorney can be put into force very soon and requires registration with the Danish register of mortgage contracts, chattel mortgages and declarations of legal incapacity so that there are no doubts about the agency
You choose your own agent, and the Agency of Family Law (“Familieretshuset”) has no supervisory authority

Who can you appoint as your agent?

Basically, you can appoint whoever you like as your agent. It is not a requirement that you have a specific relation to your agent. Your agent must be at least 18 years old, not be under guardianship, and not have a lasting power of attorney in force for him-/herself. It is possible to have so-called alternate agents, whose function it is to intervene if your primary agent has to withdraw. You may also choose to appoint several agents acting together or separately on your behalf.

How is the lasting power of attorney put into force?

Your agent must request the Agency of Family Law to put the lasting power of attorney into force. For that purpose, your agent must submit a medical report, declare that he or she has discussed the agency with you and your partner and has informed your closest relatives. Subsequently, the Agency of Family Law will decide whether to put the lasting power of attorney into force.