Ordinary powers of attorney
Ordinary powers of attorney are governed by the Contracts Act (avtalslagen). They are commonly used in property transactions, estate administration or banking matters. There are no general formal requirements, but in practice a written, signed and often witnessed document is required by banks, authorities and Lantmäteriet. An ordinary power of attorney may cease to be usable if the principal loses capacity.
Swedish future powers of attorney (framtidsfullmakt)
The future power of attorney was introduced by the Future Powers of Attorney Act (lag (2017:310) om framtidsfullmakter). It allows a person to appoint one or more representatives to look after their financial and personal affairs within the Act's limits if illness, mental disorder, weakened health or a similar condition leaves them durably and substantially unable to manage the matters covered.
Formal requirements
A future power of attorney must be in writing. The principal must be at least 18 and capable of managing their affairs. In the simultaneous presence of two witnesses, the principal must sign the document or acknowledge an existing signature; the witnesses must know that it is a future power of attorney and sign it. The appointed representative may not witness it. Witnesses must be at least 15, understand the significance of witnessing and satisfy the statutory independence requirements in relation to the principal. The document must identify the representative or representatives, the matters covered and any other applicable conditions, and state that it is a future power of attorney.
From 1 July 2026, the principal and witnesses may sign electronically using advanced electronic signatures meeting the statutory requirements. The simultaneous-presence requirement remains.
Entry into force
A valid future power of attorney takes effect when illness, mental disorder, weakened health or a similar condition leaves the principal durably and substantially unable to manage the matters covered. The representative normally assesses whether this condition is met, unless the document requires a court determination or the representative requests one. The required notifications must be given to the principal and the relevant family members and any appointed reviewer.
Powers and limitations
A future power of attorney may not cover healthcare, dental care or strictly personal matters such as making a will. Unless it regulates gift-giving, the representative may give personal presents to people other than themselves only where their value is proportionate to the principal's financial circumstances. Express gift provisions require careful drafting, and the statutory conflict-of-interest rules must also be considered. The chief guardian (överförmyndaren) may supervise in certain circumstances and intervene in cases of misuse.
International clients and cross-border recognition
A Swedish framtidsfullmakt is not automatically accepted by foreign authorities, banks or land registries. Recognition depends on the other country's law, and Sweden has not ratified the 2000 Hague Convention on the International Protection of Adults. Persons with assets in several countries may need separate or adapted documents.
Frequently asked questions
Should I have both an ordinary and a future power of attorney?
This is often useful: an ordinary power for current matters and a future power for the event of lasting incapacity.
Does a framtidsfullmakt need to be registered?
There is no registration requirement under Swedish law. The original document should be kept safely and available to the representative.
This page provides general information about Swedish law and is not legal advice. The outcome of any matter depends on its specific facts.