The pro’s of enduring power of attorney between spouses

With an enduring power of attorney, you gain greater control over your future

Setting up an enduring power of attorney is relatively new in Sweden as it was only in 2017 that a new law regarding this came into force. The law makes it possible for you to give power of attorney to another person if you should suffer from serious illness, mental disorder or the like. It makes it possible for someone else to, for example, pay your bills and take care of your personal affairs without you having to be present.

Establishing powers of attorney between couples is a way to secure your future. By setting one up you’ll know that your partner can manage your affairs exactly as you would’ve wanted. Nowadays, there are also templates that you can use when you want to draw up one yourself.

Why should you set up an enduring power of attorney?

Even if you and your partner have insights into each other’s affairs, your partner doesn’t have the right to take care of them for you. Your partner doesn’t have the right to make decisions about your healthcare, contact the authorities or handle financial matters on your behalf. So what happens if you don’t have the right paperwork and you become incapable of managing your affairs? Well, then the district court can appoint a limited guardian for you.

The process of getting a limited guardian requires an application to be made with the right documents in place. You need, among other things, proof of identity and consents. In some cases, you may also need a medical certificate or other certificates proving you need a limited guardian. But even with the right documentation, the district court can reject your application. So it’s easier to draw up an enduring power of attorney yourself. Especially since this will make sure you have greater control. You’ll be able to choose who will be allowed to make decisions and about what.

Important to remember

To set up an enduring power of attorney, you have to be of legal age. You also have to sign the papers in front of two witnesses. The ones to whom you give power of attorney cannot act as witnesses. For it to be valid, it has to clearly state:

  • that the document is an enduring power of attorney.
  • who gets power of attorney.
  • in which areas the power of attorney applies.
  • if there are special conditions you want to be taken into account.

You can also indicate whether you want to give power of attorney to more than just one person. And in addition, you can indicate whether there should be a reserve if the person you want to have power of attorney is prevented for any reason.

How to write an enduring power of attorney

Writing an enduring power of attorney doesn’t take very long and costs around SEK 500 if you draw it up yourself. You can do this directly on Kliently’s website. Simply fill in the necessary information, print out the document and sign it in front of two witnesses. You’ll then receive a standard agreement with your enduring power of attorney.

If you’d like, you can also tailor the document to your needs together with a lawyer. This is a good option if you have complicated affairs or there are matters that makes a standard agreement insufficient to cover your needs. This way, you’ll get help to set the papers up exactly the way you want them. And you’ll also have the opportunity to ask questions and get advice from the lawyer on what’s best in your case.

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All the dates regarding your declaration that you need to keep track of

Make sure you’re aware of the dates regarding your income tax return

It’s time to declare again and there are some dates that are important to keep track of when it comes to your income tax return. Here’s the list of dates about when and what applies when you have to declare your taxes.

March

  • March 4-8 – everyone with a digital mailbox will have their declaration sent there during this period. After March 8, the declaration is also available to everyone on My Pages at the Swedish Tax Agency. There, you can access a pdf file of your income tax return that you can check but not make changes to.
  • March 15 – April 15 – if you don’t have a digital mailbox, you’ll receive your income tax return in the mail during this period. But by using e-identification, you can still access your declaration on My Pages at the Swedish Tax Agency. You can even declare starting March 19 regardless of whether you’ve received your declaration by post or not.
  • March 19 – now you can declare, that is, you can make the changes you want to make or just accept the declaration as it is. To do this, you’ll need to log in to the Swedish Tax Agency’s e-service Income declaration 1.

April

  • April 3 – if you’re going to get money back on your taxes and want the money as soon as possible in April, you need to approve your tax return now. But you can only get your money in April if you approve the declaration without changing it in any way. And only if you approve the declaration digitally.
  • April 8-12 – this week you’ll receive your final tax notice if you’ve approved your tax return by April 3. You can see this as a confirmation that your declaration is finished and approved and finished. If you’re going to get money back on your taxes, you’ll get them between 9-12 April. If you instead have to pay more tax, you need to do so by July 12 at the latest.

May

  • May 2 – this is the last day to submit your income tax return as long as you haven’t been granted an extension of time to submit the tax return. That is, as long as you haven’t been approved by the Swedish Tax Agency that you can submit your tax return after May 2. If you don’t submit your return on time and you were born in 1959 or later, you may have to pay a late fee of SEK 1,250 or more, depending on when you submit your tax return.
  • May 3 – if you have a maximum of SEK 30,000 in tax left to pay, you have to make an extra payment to your tax account now to avoid paying cost interest as well.
  • May 16 – if you’ve been granted an extension to submit the tax return later than May 2, you have to submit it now.

June

  • June 3-7 – if you declared May 2 at the latest and your tax return is approved, you’ll receive your final tax notice to your digital mailbox now. Otherwise, it will arrive by post 1-3 weeks later. If you’re getting money back on your tax, you’ll receive the money in your account between June 4-7. If, however, you still have tax to pay, you have to have made the payment by September 12 at the latest. The exact date that applies in your case is stated in your final tax statement. But it’s usually 90 days from the date the Swedish Tax Agency sends your final tax statement.
  • June 17 – if the Tax Agency has given you an extension to submit your tax return through your accounting firm, this is the last day to declare. This is called an agency deferral and means that your accounting agency has been approved to submit your return later than May 2.

July

  • July 12 – if you have taxes left to pay and approved your income tax return back in April and received the final tax notice in the same month, you have to make a payment by this date. The exact date that applies in your case is stated in your final tax statement and is 90 days from the date the Swedish Tax Agency sent your final tax statement.

August

  • 5-9 August – you will now receive your final tax notice to your digital mailbox if you didn’t receive it in April or June and declared by May 2. If you don’t have a digital mailbox, you’ll instead receive the final tax notice in the mail 1-3 weeks later. If you also have tax to be refunded, the money will land in your account between August 6-9. If you instead have tax left to pay, you have to make a payment by November 12 at the latest. The exact date that applies in your case is stated in your final tax statement. But it’s usually 90 days from the date the Swedish Tax Agency sends your final tax statement.

December

  • December 2-6 – if you haven’t received your final tax statement earlier in the year, or if you lack tax registration in Sweden, you’ll receive your final tax statement to your digital mailbox now. If you don’t have a digital mailbox, you’ll instead receive it in the mail 1-3 weeks later. If you’re going to get money back on your taxes, you’ll receive the money in your account between December 3-6. If, however, you still have tax to pay, you have to have made a payment no later than March 12, 2025. The exact date that applies in your case is stated in your final tax statement. But it’s usually 90 days from the date the Swedish Tax Agency sends your final tax statement.

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A selection of this year’s new laws that mainly affect individuals

What do you think of the new laws for 2024?

The new year means both some tax changes, tougher penalties and completely new laws. These are some of the changes that affect individuals the most.

Expect reduced tax on earned income and pension

The tax on salaries will be lower starting this year thanks to the new employment tax deduction and an increased basic deduction. The increased basic deduction means that the tax on pensions also will be lower. In addition, the age limit for taking part in the employment tax deduction is raised from 65 to 66.

According to Skattebetalarnas website, the tax on your salary will be reduced by:

  • SEK 192/month if you have a salary of SEK 16,667/month.
  • SEK 293/month if you have a salary of SEK 25,000/month.
  • SEK 410/month if you have a salary of SEK 35,000/month.
  • 585 kr/månad om du har en lön på 50 000 kr/mån.
  • SEK 706/month if you have a salary of SEK 62,500/month.
  • SEK 770/month if you have a salary of SEK 125,000/month.

Lower tax on petrol and diesel

For gas, the sum of the energy and carbon dioxide tax will be 60 öre lower per liter compared to 2023. At the same time, the energy tax on diesel in environmental class 1 will be SEK 341 per cubic meter compared to the level that would otherwise have applied with current indexation rules.

New laws affecting taxes on alcohol, tobacco and nicotine

The tax on cigarettes, cigars, cigarillos, smoking tobacco and other tobacco will be approximately one percent higher. At the same time, the tax on beer, wine and other fermented beverages will be approximately eight percent higher, while the tax on ethyl alcohol will be approximately one percent higher.

Flying will be more expensive

Due to the flight tax being recalculated, air travel will be SEK 76-504 more expensive per traveler. How much more expensive it will be depends on where you travel to.

This year you’ll receive a total of SEK 150,000 for renovations and household services

Among this year’s new laws, there’s also an increase in the ceilings for ROT and RUT deductions starting July 1st to SEK 75,000 each for work and services performed during 2024. This means that as long as you use no more than SEK 50,000 in ROT deductions and no more than SEK 75,000 in total in both ROT and RUT deductions during the first half of the year, you’ll have the right to use the remaining deductions during the second half of the year. The increase only applies to 2024 and means that the deductions for ROT and RUT together are doubled.

The deduction for renting out homes is also being increased

The standard deduction for renting out private residential properties, private residences and rental apartments is now SEK 50,000. The previous deduction was SEK 40,000. The deduction is shared for rental and sale of products from private residential properties and private residences.

There is now a new scrapping premium for older cars

Starting this year, the government is introducing a temporary scrapping premium that will apply during 2024-2025. The premium goes to those who scrap older cars and then choose to buy or lease an electric car instead.

Tougher penalties for crimes involving firearms and explosive goods

The penalties for crimes involving firearms and explosive goods are now stricter. This applies to possession of weapons and smuggling of weapons or explosive goods. Aggravated weapons offence and aggravated weapons smuggling will now result in imprisonment for 4-7 years. Previously, it resulted in imprisonment for 2-5 years. Exceptionally aggravated weapons offence and exceptionally aggravated weapons smuggling will result in imprisonment for 6-10 years. Previously, it resulted in imprisonment for 4-7 years.

Among this year’s new laws, security guards gets greater authority

Starting this year, a new law comes into force that gives security guards greater authority. The new law will allow security guards to conduct body searches to determine someone’s identity, destroy seized alcohol and, in some cases, transport people in custody. According to the police’s website, the change of authority is because they see a greater need to be able to use security guards in crime prevention and safety-creating work to maintain public order and safety in society.

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How to become a Swedish citizen?

Do you want to become a Swedish citizen.

This is a question many people ask us. If you already have citizenship in another country, it’s not always easy to get citizenship in Sweden. The processing times are very long, but one positive aspect is that of the applications that were decided on in 2022, 84 percent were granted Swedish citizenship. If you want to become a Swedish citizen, there are a couple of criterias you need to meet to increase the chance for granted citizenship.

Firstly, you can either apply or register for Swedish citizenship. Registering for citizenship can only be done by minor children, young adults between the ages of 18-21 and other Nordic citizens. Depending on the type of registration, the requirements will differ, but in all cases this is an easier way to become a Swedish citizen compared to when you apply for citizenship.

To instead apply to become a Swedish citizen, you have to:

  • be at least 18 years old.
  • have a valid ID document.
  • have lived in Sweden for a certain amount of years (this differs, among other things, depending on what kind of residence permit you’ve had during your time in Sweden).
  • have a permanent residence permit, right of residence, residence card or residence status.

In addition, it helps if you:

  • are debt-free and haven’t committed any crimes in Sweden.

Having debts or having committed crimes in Sweden doesn’t neccessarily prevent you from becoming a Swedish citizen. However, you have to have paid off your debts, served your sentences and waited some time before applying for citizenship.

When submitting an application for citizenship, it helps if you send as detailed information as possible. A tip is to have someone help you out. That way, you can make sure you haven’t missed anything that might be important to include in your application.

Get help from a lawyer when applying to become a Swedish citizen

Do you need help submitting an application for Swedish citizenship? Make an appointment with our lawyers in the Kliently app today. They will help you with any questions you have and guide you through the process if you want.

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Do you think you’ll be fired? Then these are your rights

Being fired can cause a lot of anxiety.

With the strained economic situation and the fact that prices throughout society are increasing, it’s also becoming more difficult for many companies to run their businesses without incurring a loss. For many companies, this means they’ll have to review the workforce and possibly lay off employees. If you think you might be laid off, or if you already have been, there are a few things you should keep in mind.

Employees in Sweden have basic protection through LAS (the Employment Protection Act). It clearly states which rules apply when hiring and firing and employee and when an employee quits. LAS protects employees and prevents an employee from being fired without reasonable cause. For example, employers can’t fire staff due to personal reasons. And there is, for example, a certain procedure employers need to follow if they plan to fire several employees. According to LAS, collective agreements are to be used in cases where there is one. If not, the employment contracts should be used.

If an employer plans to lay off staff, there is a certain order in which the decisions must be made. The employer also has to contact the union for negotiation with the employees. According to law, you have the right to receive written notice of termination. And if you’re reassigned during your notice period, you also have the right to keep both the salary and benefits you previously had. Your employer isn’t allowed to lower your salary or remove any of your benefits as a result of the relocation.

What about leave when you are laid off?

If you’re on parental leave when you’re dismissed, the notice period only starts from the day you return to work. Your notice period can’t start to apply during your parental leave. And if you already have vacation planned, or if you have applied for vacation, you have the right to request that it not be taken during the notice period. Your employer can’t force you to take vacation during your notice period if you don’t want to. And your employer can’t force you to work during your notice period if you’ve already been granted leave before you’re dismissed. However, these rules only apply when the notice period is a maximum of six months.

You also have the right to look for a job while also receiving a salary. In other words, you’re entitled to time off to attend job interviews and such. You do have to apply for leave in advance. And it’s important to remember that you have a duty of loyalty to your employer even during the notice period. This means you have to follow the rules stated in your employment contract. This also applies if it’s decided that you’ll be released from work during the notice period. However, you can always come to an agreement that allows you to search for and start a new job before the notice period ends. But it’s important that you get this clarified with your employer and that you get it in writing.

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Refugee or person in need of subsidiary protection – what’s the difference?

Do you wonder what applies regarding residence permits for refugee and people in need of subsidiary protection?

If you can’t live safely and securely in your home country, you can apply for asylum as a refugee or a person in need of subsidiary protection. The big difference is that people with refugee status can stay longer in Sweden. But regardless of status, you have the right to appeal if you think the Swedish Migration Agency has given you the wrong status.

If you’re granted residence permit as a refugee

You can be given refugee status if you have had to flee your home country because of it being dangerous to stay there. This has to be because of your ethnicity, nationality, religious or political opinion, gender or sexual orientation. Everyone who has a residence permit in Sweden for at least one year has the right to register here. As a refugee, you get a residence permit for three years. So it’s important that you register yourself in the Swedish population register as soon as you receive your residence permit. This allows you to work here, open bank accounts and receive medical care just as everyone else who’s registered here. If you after the three years can show that you can continue to support yourself in Sweden, you can apply for a permanent residence permit.

If you had to leave your family to flee to Sweden, you have the right to be reunited here. This means that your immediate family members can apply for a residence permit in Sweden as relatives. In some cases, you have to be able to show that you can support yourself and your family. And you have to show that you have accommodation that is large enough and of a good standard where you can all live together.

If you have a residence permit in Sweden and have been registered here for at least three years, you also have the right to vote in elections to both county council and municipality.

If you are granted a residence permit as a person in need of subsidiary protection

Being given the status of person in need of subsidiary protection means that there’s a risk that the person will be punished with death, subjected to corporal punishment, torture or other inhuman or degrading treatment. It can also be that the person is at risk of being injured due to an armed conflict in the home country. As a person in need of subsidiary protection, you receive a temporary residence permit of 13 months. During that time, you have the right to be registered in Sweden. This makes it possible to work here, open bank accounts and receive the same medical care as everyone else who’s registered here.

When the residence permit reaches its end, you can apply to extend the residence permit. The Swedish Migration Agency then checks again whether there are still risks for you in your home country. Or if they think you can return without risk of being killed or harmed in any way.

Even as a person in need of subsidiary protection, you have the right to be reunited with your immediate family in Sweden. However, starting from December 1st 2023, most people have to be able to support themselves and their family members from day one. In this case as well, it’s important that you have accommodation ready that is large enough and of a good standard.

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Married or living together? Is there really a difference?

Are you thinking about which is best, being married or common-law partners?

Have you thought about the legal differences between being married and living together? And how to ensure that you and your partner have good legal protection regardless of which one you choose? There are some differences depending on if you’re married or just living together. But luckily, there are also some legal measures you can take to protect your interests, regardless of your marital status.

When living together, you don’t inherit each other

This is important if you have children. If married, the surviving partner always inherits everything. If you have children together, this will be an advantage as it means that any residences, houses, cars and other assets can remain with the surviving partner. However, if you aren’t married and you have children together, the children will instead inherit the deceased parent in the first place. This means that the surviving parent in many cases needs to sell assets in order to pay out the children’s inheritance. Because of this, many find themselves in a difficult financial situation and are forced to move during a time when the sanctuary of the home and the safety of their own community are most important. To avoid such a scenario, writing a will to regulate the inheritance can be wise.

Joint assets when married or living together

Another important difference between being married or living together is the distribution of your assets. When being married, it’s assumed that everything you own together should be divided equally if you choose to separate. This is also called the right to marital property or community property, meaning that regardless of how much each of you has invested, it doesn’t affect how the assets are divided. Each gets half is what applies. However, if you are common-law partners, only part of your property is regarded as joint. Your home and the things you have bought while living together are considered what you own together. Everything else is considered private property.

Both in a marriage and when living together, however, it’s possible to control who owns what with certain legal documents. As married people, you can write a prenuptial agreement to prevent certain assets from being counted as joint. And as cohabitants, you can sign a cohabitation agreement. Both agreements can be signed before or after you have married/moved in together.

If you want to write a prenuptial agreement or cohabitation agreement, you can do it yourself here on our website. As long as you have a good grasp of your finances and any legal consequences, it’s simple and easy to set it up on your own. Otherwise you can get the help of a lawyer to ensure that the agreements really fulfill your wishes. Sometimes, for example, you may need to supplement your agreements with other documents, such as deed of gift or promissory note. To find out what applies in your case, the best is to consult a lawyer.

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Is your train delayed? Then you’ll want to know this.

Do you know what you’re entitled to demand if your train is delayed?

According to the Swedish Transport Administration, almost a third of all long-distance trains were late in 2022. Although traveling by train is smooth and easy, it’s not optimal whenever a train is delayed. That’s why it’s good to make sure to know of your rights when booking a trip by long-distance train. So if you’re hit with some bad luck, you’ll be prepared.

When traveling with most long-distance trains, you’re protected by the train regulation. This applies to journeys by train within Sweden where the trip is longer than 15 Scandinavian miles and to trips by train that goes abroad. If your train is delayed or canceled by more than an hour, you have the right to:

  • get a full refund of the ticket price or get a refund for the parts of your trip that you can’t use. If the delay makes your journey pointless and you’ve already managed to start your trip, you’re also entitled to a return ticket to the place of your departure.
  • get your trip rebooked as soon as possible or to a later date if you prefer.
  • to continue the trip. This only applies if the train company doesn’t cancel the train due to the delay.

When you want to rebook your trip

The train company also have to make sure to keep the delay at a minimum. And if your trip needs to be rebooked, they have to present you with a new ticket offer within 1 hour and 40 minutes of the scheduled departure time. If they don’t, you have the right to rebook the trip on your own. In that case, the train company also has to reimburse you for the costs incurred, provided that they are necessary and reasonable. If, on the other hand, you want to rebook your own journey before the 1 hour and 40 minutes have passed, it would be wise to contact the train company before booking a trip. Then you can check with them if they will reimburse you for the costs incurred.

In the event of a rebooking, you have the right to receive a trip that is equivalent to the original trip. What is equivalent can have different meanings depending on the circumstances. However, what applies is that you have the right to a similar trip without being charged anything extra. For instance, if the new trip is in a higher class, the train company has to cover the extra costs. On the other hand, the train company can also book a new trip by bus instead of by train.

Your right to compensation in the event of a delayed train

When you choose to either continue your trip despite the delay or choose to be rebooked, you’re also entitled to a certain amount of compensation. If the train is between 1-2 hours late, you have the right to get 25% of the ticket price back. If the train is more than 2 hours late, you’re instead entitled to 50% of the ticket price back.

Your right to compensation doesn’t apply in certain extreme situations, such as extreme weather conditions, natural disasters and when the delay is due to sabotage. It also doesn’t apply if there is an emergency on board the train or if people have walked on the track. You’re also not entitled to compensation if the train is delayed because of you.

To receive compensation, you have to submit a claim to the train company. The easiest way to do this is to email them and send your ticket information as well as a receipt showing that you have the right documents for the trip. If the compensation you demand is less than 4 euros, the train company doesn’t have to pay you anything, but they can of course do so out of goodwill. Within one month of the train company receiving your request, you should receive your compensation or refund, either as value checks or as cash. The choice is yours to make.

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What does a notary public do?

Contact Kliently lawyer Beatrice Gustafsson when you need a notary public

If you have legal affairs that require parties outside of Sweden to review and/or sign documents, you may have heard of the term notary public. It can be about contexts regarding corporate affairs, real estate affairs, adoption, etc. But what does the term mean and how do you know you’re getting the right help?

A notary public is an authorized official who performs various types of legal and official duties. Most often, it’s in connection with document management and evidence. Their main tasks are to witness and stamp documents, verify signatures, and sometimes also act as witnesses in various legal transactions. What kind of authority and powers they have may vary from country to country, but all of them play an important role in ensuring that legal documents and agreements are authentic and reliable.

Each county in Sweden has at least one notary public who is appointed by the County Administrative Board. The person must have a law degree and have sufficient language skills. The person cannot be declared bankrupt or have an administrator according to law.

The County Administrative Board trusts the person in question to, among other things:

  • certificate that Swedish documents, signatures and the like are authentic. This is called issuing an apostille and means that the documents are given a special stamp of authentication.
  • certify that an authority or person has the right authority or holds a certain position.
  • provide explanations on legal and financial matters of importance to third parties.
  • act as a witness both when seals are put on and broken and when rooms for storage are opened and closed.

When you need help from a notary public, it usually requires you to visit the appointed person to get help. You then need to bring valid identification and the papers that are necessary in your particular case.

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Have you been the victim of ID theft?

Do you suspect you’ve been the victim of ID theft?

Being the victim of ID theft and fraud is often very unpleasant and can have serious consequences. If you suspect that someone has taken out a loan, bought goods or, for example, signed a subscription in your name without your knowledge, it’s important that you report it quickly and prevent further damage.

Report to the police that you’ve been the victim of ID theft

The first thing you should do when you suspect you’ve been the victim of ID theft is to report it to the police. You do this by either calling 114 14 or visiting the nearest police station. By reporting the crime to the police, an investigation is started. This, in turn, increases the chances of being able to identify the suspect so that they can be brought to justice.

Block your social security number

By blocking your social security number with the credit reporting companies, you can protect yourself against more fraud being committed in your name. The major credit reporting agencies usually cooperate. Therefore, you only need to block your social security number with one of them. But to be on the safe side, it might be good to double check with the credit reporting agency that the call you’re making is enough.

Review your bank statements

It’s important that you review all your bank statements, both for bank cards and credit cards. Check for transactions or credits you don’t recognize. If you find any, you have to share the information with the police and contact your bank about the faulty transactions. The bank will then investigate how the transactions took place and help you refund them.

Contact the Swedish Tax Agency about ID theft

It’s also a good idea to contact the Swedish Tax Agency to find out if your address has been changed in the national register. Sometimes this can be done to be able to get your mail and order additional credit cards and such in your name. By informing the Swedish Tax Agency that you’ve been the victim of ID theft, you can protect yourself from further fraud.

Dispute incorrect claims

If you receive invoices and such for things you haven’t ordered, you have to dispute these. You do this by explaining the situation to the company that sent the invoice. If you don’t, the risk is that the invoices gets sent to the Enforcement Authority and that you’ll end up having to pay for purchases you didn’t make.

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