Granting the Power of Attorney in Belgium

Assigning a third party to handle matters through a power of attorney in Belgium can be useful in many different scenarios, both for personal use and business purposes. The experts at our law firm in Belgium can help you draft and prepare a document that suits your requirements.

What is a power of attorney in Belgium?

A power of attorney is a legal document through which one individual (the grantor) authorizes another individual (the agent) to perform acts on behalf of him/her or a business. The agreement takes place only if accepted by the agent, and it is only valid if signed by the grantor.

When can I use a power of attorney?

You can want to draw up a power of attorney in Belgium with the help of our Belgian lawyers to handle matters such as:

• -Buying or selling real estate in Belgium;
• -Accepting an inheritance or a donation in the country;
• -Opening a company in Belgium;
• -Handling matters related to banking (with the National Bank of Belgium or other financial services providers);
• -Delegate a trusted family member or friend to handle important medical decisions on your behalf (in the case of chronic conditions or even palliative care).

How do I create a power of attorney in Belgium?

Our lawyers in Belgium list the general steps below:

• Determine the type of power of attorney;
• Choose the individual who will act as your attorney-in-fact;
• Draft the document, which includes personal information about you and the agent, as well as a clear description of the powers you are granting or limiting;
• If applicable, include in the Belgian power of attorney a durability clause, in case you become incapacitated;
• Notarize the power of attorney.

Can I draw up the power of attorney myself?

While this is possible, it is not advisable as a layperson. Wording is important, and so are the terms under which authority is granted, for how long, and for what purpose. Working with a notary public or a lawyer in Belgium is advisable and recommended for all types of power of attorney used in the country.

When does the power of attorney start taking effect?

Several options are possible, depending on the wording in the document which matches the principal’s purposes and conditions:

• -Immediately upon signing;
• -On a specific date;
• -Upon a certain event (i.e., the principal becomes incapacitated – suitable for a medical power of attorney in Belgium).

How long is a power of attorney valid for?

It is important to keep in mind that you control what the appointed party is able (or unable) to handle on your behalf – and for how long.

This means that a power of attorney can be valid:

• -Until it is revoked: if the grantor decides that they do not require it anymore or they decide against using the agent for the specific purpose;
• -Until it is completed: in the case of a specific, limited power of attorney (i.e., for banking matters, until the bank account is opened or closed);
• -Until it is terminated naturally: a power of attorney ends automatically when the principal dies. In this case, it may be the role of a notary to handle probate, or a lawyer in Belgium, as the case may be.

What types of power of attorney are available in Belgium?

There are two types of power of attorney, each suited for different needs: the general power of attorney and the special power of attorney. Our lawyers in Belgium can assist with drafting each of these types.

A general power of attorney allows the agent to look after all the grantor’s affairs, usually administrative matters.

The special power of attorney only allows the proxy to perform a specific task that has been entrusted to him/her. In this last case, the power of attorney will state which actions have to be performed by the appointed individual.

A durable power of attorney exists in Belgium as the extrajudicial protection mandate, which remains effective if the grantor becomes incapacitated and must be registered in the central register of protection mandates. These documents are used for health care purposes when the principal can no longer make such decisions.

Whom can I appoint as my agent?

Generally, you can appoint anyone as your agent (i.e., the individual who will handle the matters on your behalf).

You may choose a family member, a friend, a business partner, or a third-party who is wholly unrelated, such as an attorney in Belgium.

Can I sign a power of attorney digitally?

You may sign a power of attorney in Belgium digitally. In this case, you would be signing the document digitally to a person you trust, and then that person would sign the notarial deed (would handle the final stage to notarize the document) in front of a Belgian notary.

For more information about granting the power of attorney in Belgium, you can contact our Belgian law firm.