Delegating authority under a Swedish power of attorney
A letter of authority to transfer allows an existing agent to appoint another person to carry out all or part of an assignment. Our lawyers can review the original power of attorney and prepare or review the required document.
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What is a letter of authority to transfer?
In Swedish, this document is called a transportfullmakt. It is used when a person who already holds a power of attorney delegates all or part of the assignment to another person.
The newly appointed person may then represent the original principal within the limits of the original power of attorney and the letter of authority to transfer.
Despite its Swedish name, the document does not concern the transportation of goods or people. In this context, “transfer” means that the authority to carry out an assignment is passed from the original agent to a substitute.
When may an agent delegate an assignment?
An agent should only appoint a substitute if the original power of attorney permits delegation. The document may, for example, state that the agent may appoint another person or place someone else in their position.
If the original power of attorney does not permit delegation, the agent will generally be unable to grant the same authority to another person. The principal may instead need to issue a new power of attorney directly to the intended representative.
The substitute cannot be granted broader authority than the original agent. The letter of authority to transfer cannot extend the assignment, financial limits or validity period stated in the original document.
What should the document contain?
The document should clearly identify the original power of attorney and the person appointed to carry out the assignment. It may include:
- the identity of the original principal
- the identity of the original agent
- the identity of the appointed substitute
- a reference to the original power of attorney
- the actions the substitute is authorized to perform
- any restrictions or conditions
- the period for which the authority applies
- whether the entire assignment or only part of it is delegated.
The original power of attorney should normally be available so that the recipient can verify the original authority and the agent’s right to appoint a substitute.
Validity and revocation
The delegated authority depends on the original power of attorney. If the original authority expires or is revoked, the substitute can no longer rely on the letter of authority to transfer.
The delegated authority cannot remain in force beyond the validity period of the original document or cover actions outside its scope.
A bank, government agency, business or other recipient may request both documents. The recipient may also impose specific requirements regarding wording, signatures, identification or presentation of the original documents.
How we can help you
We help determine whether the assignment may be delegated and prepare the required document within the limits of the original power of attorney.
Reviewing the original authority
We review whether the original power of attorney permits delegation and identify the restrictions that must be followed.
Preparing the document
A lawyer prepares a letter of authority to transfer that reflects the original assignment and the authority to be delegated.
Reviewing an existing document
We review a draft document and identify unclear provisions, excessive authority or inconsistencies with the original power of attorney.
Amendments and revocation
We advise on amendments and on the consequences of revoking either the original power of attorney or the delegated authority.
Get help delegating a power of attorney
Schedule a 15-minute meeting with a lawyer to review and discuss your situation.
If you need further assistance, we’ll explain your options, how we can assist you, and what it would cost. If you hire us for your case, the cost of the first 15 minutes will be deducted from your final bill.
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Get help from our lawyers
Our lawyers assist individuals and businesses with preparing, reviewing, interpreting and revoking powers of attorney under Swedish law.
Matilda Selander Persson
Lawyer
Matilda primarily works with employment law, business law, contract law, family law, and migration law. She speaks Swedish and English.
Wazima M. Aga
Lawyer
Wazima is deeply committed to protecting individual rights and practices immigration law, administrative law, social welfare law, family law, and contract law. She speaks Swedish, English, Persian, and Dari.
Florita Telhaj
Lawyer
Florita specializes in migration law, business law, contract law, and employment law. In addition to Swedish and English, Florita is also fluent in Albanian and Greek.
Mirxan Özalp
Lawyer
Mirxan specializes in real estate law, construction law, housing and tenancy law, contract law, and consumer disputes. He speaks Swedish, English, and Kurdish (Kurmanji).
Farid Laghrissi
Lawyer
Farid assists individuals and businesses with employment law, tenancy law, financial family law, contracts, disputes, and other business and corporate law matters. Farid speaks Swedish, English, Arabic, Darija, and French.
FAQ
Frequently asked questions about delegation of power of attorney
No. The original power of attorney must permit the assignment to be delegated. Otherwise, the principal may need to appoint the new representative directly.
No. The substitute’s authority must remain within the scope of the original power of attorney and any additional restrictions stated in the new document.
The delegated authority depends on the original power of attorney. If the original authority is revoked or expires, the substitute can no longer rely on it.
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