Invoking a continuing power of attorney – here is how it works

By Mallbutiken · Fact-checked October 1, 2026

"Invoking" an enduring power of attorney (EPA) means, in practice, that the attorney-in-fact begins to use it after the legal requirements for its entry into force have been met. The general rule is that the attorney-in-fact assesses for themselves when this has occurred, unless the power of attorney requires a court assessment or the attorney-in-fact chooses to request one.

Step 1: Check that the power of attorney meets the formal requirements

Before assessing the entry into force, the attorney-in-fact should check that the document qualifies as an enduring power of attorney under the law: the principal was at least 18 years old and had mental capacity when it was drawn up, the document is in writing, two qualified witnesses have participated correctly, and the content specifies the attorney-in-fact, scope, and terms.

For electronically signed enduring powers of attorney, it has been required since July 1, 2026, that the electronic signatures of the principal and the witnesses must be advanced electronic signatures.

Step 2: Assess whether the requirements for entry into force are met

It is not enough for the principal to be temporarily ill or in need of help for practical reasons. The incapacity must meet the level specified by law and be linked to the affairs covered by the power of attorney.

The general rule in Section 9 is that the attorney-in-fact makes the assessment. However, the power of attorney may specify that a court should decide the matter. The attorney-in-fact may also voluntarily apply for a court assessment.

Step 3: Notify relevant parties

If the attorney-in-fact determines that the enduring power of attorney has entered into force, he or she must notify the principal, the principal’s spouse or cohabitant, and the closest relatives as soon as possible. If a monitor has been appointed, the monitor must also be notified. The notification must state that the power of attorney has entered into force and what it contains.

Step 4: Court assessment when needed or requested

An application for the district court to confirm the entry into force is made in accordance with Sections 11–14 of the Act. The original or a certified copy of the enduring power of attorney must be submitted with the application. As a general rule, the court shall obtain a medical certificate or equivalent investigation regarding the health condition, unless it is obviously unnecessary.

A court assessment may be particularly relevant if recipients question the entry into force, if the family is in disagreement, or if the power of attorney explicitly requires it.

Step 5: Demonstrate authority to the bank or other recipient

When the power of attorney is to be used, the recipient may need to see the enduring power of attorney itself, identification documents, and documentation showing that it has entered into force. A bank or authority is permitted to verify the authority and does not have to rely on a verbal claim.

If the district court has decided on the entry into force, the decision can be clear evidence, but even then, the specific legal act must fall within the scope of the power of attorney.

Step 6: Follow the power of attorney and document

The attorney-in-fact must act in the principal’s best interests and, whenever possible, consult with them on important issues. Transactions, contacts, and other measures should be documented systematically, especially if a monitor, relative, or chief guardian later requests an account.

Frequently asked questions

Does a doctor have to decide that the power of attorney is in effect?

No, not according to the general rule. The attorney-in-fact assesses the entry into force. In the case of a court assessment, however, the court must normally obtain a medical certificate or equivalent investigation.

Must the enduring power of attorney be registered?

No. There is no public government register where enduring powers of attorney must be registered to be valid.

Can the attorney-in-fact do everything once it has entered into force?

No. The authority is limited by the content of the power of attorney and the law. Healthcare, dental care, and certain strictly personal matters fall outside the scope of an enduring power of attorney.