When is it time to start using a continuing power of attorney?

You can apply for the confirmation of the power of attorney from the Digital and Population Data Services Agency when the granter is no longer able to manage their affairs. The granter is the person granting the continuing power of attorney. You can only start acting on behalf of the granter after the Digital and Population Data Services Agency has confirmed the power of attorney. 

The attorney is the person whom the granter (the person granting the continuing power of attorney) has authorised to manage their affairs. The attorney has the right to manage the affairs specified in the power of attorney.

The attorney must ensure that the rights of the granter are safeguarded and the attorney must also consider the granter’s views if the granter is able to understand the significance of the matter. 

Read more about the attorney’s tasks on the website of the Digital and Population Data Services Agency.Opens in a new window.

The tasks of the attorney involve less official supervision than the guardian’s tasks. For example, the attorney does not need to submit an annual statement to the Digital and Population Data Services Agency unless this is stated in the power of attorney document. 

If the Digital and Population Data Services Agency has not yet confirmed the continuing power of attorney and a specific person has been designated as a attorney donee in the power of attorney, the person in question may serve as the attorney instead of you. You should therefore check what has been written in the power of attorney document and discuss the matter with the granter and the secondary attorney. 

If the continuing power of attorney has already been confirmed, you must submit a form to the Digital and Population Data Services Agency stating that you no longer want to serve as the attorney. 

For detailed instructions on giving up the task, see the website of the Digital and Population Data Services Agency.Opens in a new window.