Enduring power of attorney – 12 things to consider before you sign

By Mallbutiken · Facts verified October 1, 2026

A good enduring power of attorney is as much about the decisions behind the document as it is about the wording itself. It should be written while the principal is still able to handle their affairs and be designed so that a future attorney-in-fact knows what may be done, how it should be monitored, and who will take over if something happens.

1. Write it in time. The principal must be at least 18 years old and have the capacity to manage their affairs when the power of attorney is drawn up.
2. Choose your attorney-in-fact with care. This is an individual who will be entrusted with significant responsibility. Choose someone who is both trustworthy and practically capable.
3. Consider a substitute. Think about what happens if the first person passes away, becomes ill, declines the role, or develops a conflict of interest.
4. Describe the scope specifically. Specify which financial and personal matters should be included. Avoid both unintentional gaps and unnecessarily broad wording.
5. Remember the limits of the law. An enduring power of attorney may not include measures relating to healthcare or dental care, nor certain matters of a strictly personal nature.
6. Decide how gifts should be handled. If gifts are not specifically regulated, the attorney-in-fact's right to give them is limited. Write explicitly if and to what extent gifts may be given.
7. Determine whether a fee should be paid. The attorney-in-fact is entitled to a fee only if it is stated in the enduring power of attorney. If a right to a fee is specified but the amount is not determined, the statutory rule of a reasonable amount applies.
8. Appoint a monitor if desired. A monitor can be given the right to request an accounting and can provide extra oversight when the principal themselves has difficulty following up on the assignment.
9. Choose the correct witnesses. The principal must sign or acknowledge their signature in the simultaneous presence of two witnesses. The attorney-in-fact may not be a witness, and the other witness rules of the law must be followed.
10. For e-signing: use the correct signature type. Since July 1, 2026, an enduring power of attorney may be signed electronically, but the law requires an advanced electronic signature for the principal and the witnesses.
11. Decide how the entry into force should be handled. The general rule is that the attorney-in-fact determines when the power of attorney begins to apply. You can require a court assessment in the document.
12. Plan for storage and access. The attorney-in-fact must be able to find and present the document when needed. There is no mandatory government registry that solves this automatically.

What should be discussed with the attorney-in-fact?

Talk about practical expectations before the document is written. How should money be handled? Should a residence be eligible for sale? Are there specific wishes regarding investments or support for loved ones? How often should accounts be rendered? Clear answers reduce the risk of future conflicts.

Also conduct an annual review

Family, finances, and assets change. Therefore, check at regular intervals whether the attorney-in-fact, substitute, scope, and terms are still appropriate. Amendments to an enduring power of attorney are largely subject to the same formal requirements as when it is established.