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.
A power of attorney in Belgium is useful for foreign investors who want their affairs to be handled by someone in Belgium when they cannot be present in the country. If you’re interested in granting the power of attorney in Belgium, the experts at our Belgian law firm can help you draw up such a document and act as an attorney-in-fact.
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Types of power of attorney in Belgium
A power of attorney is concluded in writing and it can also be signed and stamped by a notary public 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.
A general power of attorney allows the agent to look after all of 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 remains effective even if the grantor becomes incapacitated. These documents are used for health care purposes, when the principal can no longer make such decisions. If you want to grant the power of attorney in Belgium, our team is at your disposal.
How to set up a power of attorney in Belgium
Setting up a power of attorney in Belgium is a relatively simple process, but requires careful consideration. In general, the mandatory steps are the following:
- 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.
Depending on your circumstances, the power of attorney will need to be registered and submitted with different authorities. It is also advised to periodically update or review your power of attorney.
Our Belgian law firm can help you grant the power of attorney in Belgium and explain more about the specific powers you may wish to include.
Capacities and limitations
The power of attorney can be terminated at any time by the grantor or if the agent no longer wishes to execute it or renounces it. The document is also terminated following the death, legal restraint or bankruptcy of the grantor or agent.
Our attorneys in Belgium can help you draw up some of the most popular types of power of attorney in Belgium, like the ones empowering individuals for the sale or purchase of real estate in Belgium, opening a bank account, signing for and on behalf of another individual and others.
Provisions that can be included in the power of attorney
There are various provisions that you might want to consider including in your power of attorney in Belgium. Some of them include:
- An alternate attorney in Belgium in case your primary attorney cannot perform his/her duties for any reason;
- Granting the attorney the power to use your assets for the benefit of your spouse and other family members;
- Specifications to making charitable contributions on your behalf;
- Granting the power to initiate, settle, and appeal legal matters;
- Granting the attorney the power to make or change your estate plans.
Individuals should carefully consider the inclusion of these provisions in the power of attorney in Belgium.
Appointing multiple agents through a power of attorney
It is also possible to appoint more than one lawyer in Belgium through the power of attorney, which can be advantageous for various reasons. For instance, you might appoint one attorney for family-related matters, while appointing another with expertise in investments or business relevant to your assets.
If you decide to appoint more than two lawyers through the power of attorney in Belgium, it may be beneficial to allow decisions to be made by majority vote. If one attorney is away or unable to participate for any reason, the remaining attorneys can still make decisions on your behalf without delay.
Our law firm in Belgium has experience in various legal fields and we can provide personalized legal support for your specific needs.
Statistics about the judicial professionals in Belgium
If you are interested in learning more about the judicial system in Belgium, we have prepared some statistics from 2021 about the number of working professionals in this field:
- There are 165.6 lawyers for every 100,000 people in Belgium;
- For every 100,000 individuals, there are 7.9 prosecutors;
- There are 14.4 professional judges for every 100,000 people in Belgium.
Our services also include accounting in Belgium if you need assistance in tax-related matters.
For more information about granting the power of attorney in Belgium you can contact our Belgian law firm. Our team can also help you open a business in Belgium.