The pro’s of enduring power of attorney between spouses


Sofia Bergqvist Salomon
Sign enduring power of attorney
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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