Lasting power of attorney (fremtidsfuldmagt): the complete guide to Denmark

No one can predict when a stroke, an accident or dementia will strike. But you can decide who looks after your interests if it happens, and that is exactly what a lasting power of attorney (fremtidsfuldmagt) allows.

The lasting power of attorney is one of the most important legal documents you can create during your life. It ensures that your wishes are respected and that those closest to you can act on your behalf, without having to go through a time-consuming and burdensome guardianship, which is otherwise the alternative.

What is a lasting power of attorney?

A lasting power of attorney is a legal document that does not take effect immediately, but in the future, if you lose the ability to act on your own behalf. It is governed by the Act on Lasting Powers of Attorney (Act no. 618 of 8 June 2016), which entered into force on 1 September 2017.

With a lasting power of attorney you decide:

• Who is to act on your behalf (the attorney)
• What they may act on (finances, personal matters or both)
• On what conditions the power of attorney can be brought into force

It is voluntary, personal and reflects your own wishes, in contrast to a guardianship, where a guardian is appointed by the public authorities.

When does a lasting power of attorney take effect?

A lasting power of attorney does not take effect automatically. There is a two-step procedure:

Step 1: creation and registration

The grantor creates the power of attorney digitally in the Lasting Power of Attorney Register via tinglysning.dk and then confirms it before a notary. Only when both have happened is the power of attorney validly created and ready in the register.

Step 2: the Family Court House brings it into force

When the need arises, that is, when the grantor is no longer able to look after their own affairs, the attorney can ask the Family Court House (Familieretshuset) to bring the power of attorney into force.

The Family Court House assesses whether the conditions are met (typically documented by a medical certificate) and issues a decision bringing it into force. It is this decision that gives the attorney formal authority to act. Processing times vary, but several weeks should be expected.

Who can create a lasting power of attorney?

You can create a lasting power of attorney if you:

• Are at least 18 years old
• Are able to act rationally, that is, understand the meaning of the power of attorney

You must create the lasting power of attorney while you are healthy and of sound mind. It is not possible to create a valid lasting power of attorney if you have already lost the ability to act rationally. So do not wait too long.

Who can be the attorney?

You choose your attorney yourself. It is typically:

• A spouse or partner
• An adult child
• A sibling
• A close friend

The attorney must:

• Be of full age (at least 18)
• Accept the role (by their confirmation)
• Not have interests of their own that conflict with the grantor's

You can appoint one or more attorneys. If you have several, you can decide whether they must act jointly (all sign) or each on their own.

Consider: who is best suited to handle your finances? It is not necessarily the same person who is best at making decisions about your personal care. You can appoint one attorney for finances and another for personal matters.

What can a lasting power of attorney cover?

The lasting power of attorney can cover two broad areas:

Personal matters

The attorney can make decisions about:

• Housing, for example whether you should move to a care home
• Personal and social matters in dealings with the authorities
• Participation in social and cultural activities
• Applications for support and benefits in personal matters

Important limitation: a lasting power of attorney does not give the attorney the right to decide whether specific medical treatment should be carried out or refused on your behalf. Your wishes about treatment at the end of life are covered by a treatment will (behandlingstestamente).

Financial matters

The attorney can make decisions about:

• Day-to-day finances (paying bills, managing a bank account)
• The administration of real property
• Securities, pensions and investments
• Entering into and terminating agreements
• Contact with the tax authorities about your tax affairs

Important financial limitations:

• The attorney may as a rule not give gifts from the grantor's funds, not even to themselves
• The attorney may not create or change the grantor's will
• Dispositions that are clearly to the grantor's disadvantage can be subject to the Family Court House's supervision

Requirements for creation: notary confirmation

It is a legal requirement that the lasting power of attorney is acknowledged before a notary in order for it to be brought into force. Without the notary's endorsement the power of attorney cannot take effect.

The process step by step

1. Draw up the lasting power of attorney

Draw up the document, yourself or with help, so that it meets the law's requirements as to content.

2. Register in the Lasting Power of Attorney Register

Log in to tinglysning.dk with MitID and create the power of attorney digitally. You can at this point add the attorney's details.

3. Book an appointment with the notary

Notarial acts are handled at the district court (byretten). Book an appointment via the court's website and bring valid identification.

4. The notary meeting

The notary confirms that:

• You are the right person
• You act voluntarily and understand the content of the power of attorney
• You are able to create it rationally

The notary registers the endorsement digitally.

5. The attorney's acceptance

The attorney must confirm that they will take on the role. This is done digitally with MitID.

What does it cost?

The public costs of a lasting power of attorney are small. There is no registration duty (tinglysningsafgift) for registering a lasting power of attorney, and the registration itself in the Lasting Power of Attorney Register is free.

Cost	Price
Registration in the Lasting Power of Attorney Register	Free
Notary fee (acknowledgement before the notary)	DKK 300
Any help with drafting (template)	Varies by provider
Any lawyer for drafting	Typically a few thousand kroner

The total price therefore depends first and foremost on whether you draw up the document yourself, use a template or have a lawyer do it. The public cost is simply the notary fee of DKK 300.

The alternative, if you do not have a lasting power of attorney and lose capacity, is a guardianship. That is a more cumbersome process for the family and can involve ongoing costs if a professional guardian is appointed.

Lasting power of attorney vs. guardianship

What happens if you have not created a lasting power of attorney and you lose the ability to act on your own behalf?

Then a guardianship can be established, where a guardian is appointed to look after your interests. That may sound unproblematic, but there are important differences:

	Lasting power of attorney	Guardianship
Who chooses the person who acts	You yourself	The public authorities (the Family Court House, for guardianship the courts)
Who is chosen	Your trusted person	Often a professional guardian
Control	You set the framework and wishes	The law's default rules apply
Procedure	Your attorney requests it be brought into force	A case is brought before the Family Court House, possibly with the court's involvement
Flexibility	Great, you tailor the power of attorney	Limited

A lasting power of attorney gives you control over who acts for you, and on what terms. A guardianship places that decision in the hands of the public authorities.

Supervision of the attorney

A lasting power of attorney is built on trust in the attorney. But there are safeguards:

The Family Court House's supervision

The Family Court House can intervene if there is concern that the attorney is not acting in the grantor's interest. Relatives or health professionals can bring the matter to the Family Court House's attention.

Terms in the power of attorney

You can set terms in the power of attorney that limit the attorney's scope, for example about specific dispositions or a requirement that the attorney be able to account for their dispositions. In this way you can build control into the power of attorney yourself.

What should the lasting power of attorney contain?

A good lasting power of attorney should contain:

Basic content

• The grantor's full name and CPR number
• The attorney's full name and CPR number
• A description of what the power of attorney covers (personal, financial or both)
• Any terms and limitations
• Date and signature

Recommended content

• Wishes about housing and care (for example "I wish to stay in my own home for as long as it is reasonable")
• Rules for any gifts and family transactions
• A term that the attorney must be able to account for their dispositions
• Who is the substitute if the attorney cannot or will not take on the role

Change and revoke your lasting power of attorney

You can change or revoke your lasting power of attorney at any time, as long as you have capacity. This is done digitally via tinglysning.dk with MitID.

A new, validly created lasting power of attorney can replace the old one. If you have changed attorney, it is wise to inform the former attorney of the change.

The treatment will: the supplementary document

The lasting power of attorney governs personal and financial matters, but not the question of specific medical treatment. For that purpose there is a treatment will (behandlingstestamente):

• It is created and registered digitally (via sundhed.dk) in the Treatment Will Register
• It states your wishes about treatment, including at the end of life
• Health professionals must take it into account and respect it within the framework of the law

The treatment will and the lasting power of attorney are supplementary documents that together give you the greatest possible control.

Frequently asked questions

Can you create a lasting power of attorney for a spouse with dementia?

No. The grantor must themselves be able to understand and voluntarily create the power of attorney. If your spouse already has dementia to an extent that affects the ability to act rationally, a lasting power of attorney is no longer possible. Then the alternative is a guardianship.

Is a lasting power of attorney the same as a will?

No. A will governs what happens to your assets after you die. A lasting power of attorney governs who acts on your behalf while you are alive but unable to look after your interests yourself.

Can the attorney give themselves gifts?

As a rule no. The attorney cannot use the grantor's funds for gifts to themselves or close relatives. You can, however, address in the power of attorney whether customary gifts may be given in certain situations, for example gifts on special occasions.

Can you have two attorneys?

Yes. You can appoint two or more attorneys. State whether they must act jointly (all sign) or each on their own. Consider appointing a substitute in case one of them cannot take on the role.

What if the attorney dies or becomes unable to act?

Then the power of attorney lapses for that attorney. If you have not appointed a substitute, the result can be a guardianship. So it is a good idea to appoint a substitute.

Does a Danish lasting power of attorney apply abroad?

Not automatically. Other countries' legal systems do not necessarily recognise a Danish lasting power of attorney. If you spend a lot of time abroad, it may be necessary to create a corresponding power of attorney in the country concerned.

Conclusion

The lasting power of attorney is one of the most caring steps you can take for yourself and your family. It ensures that your wishes are respected, that those closest to you can act on your behalf, and that you avoid the more burdensome path through a guardianship.

Create your lasting power of attorney while you are healthy. Do not wait.

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The content of this article is for guidance only and does not constitute legal advice. Consult a lawyer or notary for advice on your specific situation.