Lasting vs. general power of attorney: differences

A power of attorney is a basic legal tool, but there is a big difference between the two types most commonly used in Denmark. A general power of attorney (generalfuldmagt) and a lasting power of attorney (fremtidsfuldmagt) serve very different purposes, and confusing them can have serious consequences.

This guide gives you a clear comparison, so you can make the right choice for your situation.

The essentials in 30 seconds

	General power of attorney	Lasting power of attorney
When does it work?	Immediately from signing	Only once brought into force on loss of capacity
Creation requirements	No special formal requirements	Notary confirmation + registration
Cessation	Can be withdrawn, lapses on loss of capacity	Brought into force on loss of capacity
Protects against future loss of capacity?	No	Yes
Public registration	No	Yes (the Lasting Power of Attorney Register)
Supervision	None	The Family Court House
Typical use	Practical help here and now	Long-term personal planning

What is a general power of attorney?

A general power of attorney is a broad authorisation, where you (the grantor) give another person (the attorney) the right to act on your behalf in a wide range of situations.

What can a general power of attorney cover?

A general power of attorney can give the attorney the right to:

• Open and manage bank accounts
• Sign contracts and agreements on your behalf
• Sell, buy or mortgage real property
• Receive letters and correspondence
• Represent you before public authorities

What a general power of attorney cannot cover

There are limits to what a general power of attorney can be used for:

• A will can never be created via a power of attorney
• A marital property agreement requires personal involvement
• Purely personal legal acts, for example acknowledgement of paternity
• Acts that require personal presence

Formal requirements

A general power of attorney has no statutory formal requirements. It does not have to be confirmed by a notary or registered anywhere. It is, however, strongly recommended to:

• Issue it in writing
• Describe the scope precisely
• Date it
• Possibly limit it in time

A general power of attorney that is imprecise can create doubt about what the attorney is entitled to do.

The decisive limitation: cessation on loss of capacity

Here is the critical point: a general power of attorney as a rule ceases if the grantor loses their legal capacity. That means precisely in the situation where help is most needed, that is, on dementia, a serious stroke or an accident, a general power of attorney can no longer be used to look after your affairs.

In practice the banks will no longer recognise it, and the alternative becomes a guardianship.

What is a lasting power of attorney?

A lasting power of attorney is a document that is created now but that only takes effect in the future, specifically when the grantor is no longer able to look after their own affairs.

The lasting power of attorney is governed by a special act, the Act on Lasting Powers of Attorney (Act no. 618 of 8 June 2016), which entered into force on 1 September 2017.

What can a lasting power of attorney cover?

You decide the scope yourself, but a lasting power of attorney can as a rule cover:

• Personal matters, for example housing choices, care and contact with authorities
• Financial matters, for example bank accounts, investments, the sale of assets and paying bills
• Both, which is the most widespread solution

You can also limit the power of attorney. Perhaps you want the attorney to handle only finances, not personal decisions. Or you can have one attorney for finances and another for personal matters.

A lasting power of attorney does not give the attorney the right to decide on specific medical treatment on your behalf. Your wishes about treatment, including at the end of life, are covered by a treatment will.

Notary confirmation: the formal requirement

For a lasting power of attorney to be brought into force, it must be acknowledged in person before a notary. The notary checks that you act voluntarily and understand the document's content and significance.

The power of attorney is created and held on record in the Lasting Power of Attorney Register, administered under the Land Registration Court. This ensures the power of attorney can be located when it one day needs to be used.

Bringing it into force via the Family Court House

The lasting power of attorney is not activated automatically. When the attorney wants to use it, typically because the grantor has become demented, seriously ill or otherwise lacks capacity, the attorney must ask the Family Court House to bring it into force.

The Family Court House typically requires a medical certificate and assesses whether the conditions are met. Several weeks should be allowed for processing.

Supervision and protection

One of the important differences from a general power of attorney is that a lasting power of attorney is subject to the Family Court House's supervision. Among other things, action can be taken against the attorney if there are signs of misuse, and you can set terms in the power of attorney that limit the attorney's scope.

When should you use which?

Use a general power of attorney if:

• You temporarily need help (for example during an illness, a stay abroad or a busy period)
• You want to give a relative access to act on your behalf now
• The need is clear and defined (for example one specific property transaction)
• You are fully able to decide and want practical delegation

Example: you are admitted to hospital for three weeks and want your brother to be able to pay bills and handle banking for you while you are there.

Use a lasting power of attorney if:

• You want to protect yourself against a future loss of capacity (dementia, a stroke, an accident)
• You want to avoid a guardianship
• You want to decide who looks after your interests, and on what terms
• You have assets, property or family circumstances that need proper administration

Example: you are 55 and want to ensure that your spouse or a child can act on your behalf if you are struck by dementia.

Can you have both?

Yes. The two documents complement each other:

• The general power of attorney handles current, practical needs
• The lasting power of attorney is the long-term safety net

Many people create a lasting power of attorney as part of long-term planning and combine it with a general power of attorney for ongoing administration here and now.

What happens without any power of attorney?

If you have neither a general power of attorney nor a lasting power of attorney and lose your capacity, the alternative is a guardianship via the Family Court House. That means:

• The public authorities appoint a guardian, who may be someone you did not choose yourself
• Your relatives do not automatically have a formal right to act on your behalf
• The process is more resource-intensive and can take time
• Your own wishes and preferences carry less weight than if you had decided in advance

The lasting power of attorney is designed precisely to avoid this scenario.

Practical questions

What does a lasting power of attorney cost?

The public costs are small:

• Registration in the Lasting Power of Attorney Register: free (there is no registration duty)
• Notary fee for the acknowledgement before the notary: DKK 300
• Any help with drafting: a template or a lawyer costs extra and varies by provider and the scope of the task

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

Can I write a lasting power of attorney myself?

You can draw up the content yourself, but it must always be acknowledged before a notary in order to be brought into force. A good template guides you through the necessary elements, so you do not forget anything important.

Can a lasting power of attorney be revoked?

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

How to get started

1. Consider your need: do you want help now (general power of attorney) or protection against the future (lasting power of attorney)?
2. Identify your attorney: who do you trust to look after your interests?
3. Draw up the document: yourself, with a template or with a lawyer
4. For a lasting power of attorney: create and register it on tinglysning.dk, and book an appointment with a notary for the acknowledgement

Frequently asked questions

What is the difference between a lasting power of attorney and a general power of attorney?

A general power of attorney gives a person the right to act on your behalf now and is active from signing. A lasting power of attorney, by contrast, only takes effect if you later lose the ability to act on your own behalf. The general power of attorney is simpler to create, while the lasting power of attorney requires notary confirmation and registration.

Can I make do with a general power of attorney instead of a lasting power of attorney?

Not for the same purpose. A general power of attorney as a rule ceases if you lose your legal capacity. That is precisely the situation a lasting power of attorney is designed to handle. If you want to protect yourself against the consequences of dementia or an accident, the lasting power of attorney is the right tool.

What does a lasting power of attorney cost?

The registration itself in the Lasting Power of Attorney Register is free, and there is no registration duty. The only fixed public cost is a notary fee of DKK 300. If you use a template or a lawyer to draw up the document, that cost is in addition.

Can you have both a general power of attorney and a lasting power of attorney?

Yes. The two types of power of attorney complement each other and can easily exist in parallel. A general power of attorney can be used for practical daily tasks now, while the lasting power of attorney is the safety net that takes effect if you lose capacity.

What can a general power of attorney be used for?

A general power of attorney can be used for much of what the grantor could do themselves: bank transactions, the sale of property, signing contracts and so on. It is not, however, suitable for a will, a marital property agreement or other purely personal legal acts, and it ceases on loss of capacity.

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The content of this article is for guidance only and does not constitute legal advice. Contact a lawyer if you need specific guidance on powers of attorney in your situation.