Enduring power of attorney – requirements, content and when it comes into effect

By Mallbutiken · Facts verified October 15, 2026

An advance healthcare directive (framtidsfullmakt) allows you to appoint in advance a physical person to represent you if you later permanently and substantially lose the ability to manage the matters the power of attorney covers. The rules are found in the Swedish Act (2017:310) on Advance Healthcare Directives and contain clear requirements regarding content, signatures, and witnessing.

What is an advance healthcare directive?

An advance healthcare directive is not the same as a standard power of attorney intended for immediate use. It is designed for a future situation where the principal, due to illness, mental disorder, weakened health, or similar circumstances, can no longer permanently and substantially manage the matters covered by the directive.

The person creating the directive must be 18 years of age and still have the capacity to manage their affairs at the time it is drawn up. Therefore, you should not wait until your decision-making capacity is already gone.

Formal requirements according to the law

For an advance healthcare directive to meet the legal formal requirements, it must be in writing. The document must state that it is an advance healthcare directive, who the attorney-in-fact (or attorneys-in-fact) is/are, what matters it covers, and what other terms apply.

Two witnesses simultaneously

The principal must sign the document or confirm their signature in the simultaneous presence of two witnesses. The witnesses must be aware that the document is an advance healthcare directive and confirm it with their signatures. The person appointed as attorney-in-fact cannot serve as a witness, and further witness restrictions follow by reference to the rules of the Swedish Inheritance Code.

Electronic advance healthcare directive

As of July 1, 2026, there is an explicit option for electronic signature. Simple click-to-sign methods should not be equated with the legal requirement: if the signatures are provided electronically, Section 4a requires an advanced electronic signature for both the principal and the witnesses.

Electronic signature 2026 – checklist before signing

The legislative amendment in Section 4a of the Act on Advance Healthcare Directives applies from July 1, 2026. It is possible to draft an electronically signed directive, but all three electronic signatures – the principal's and the two witnesses' – must meet the requirement for an advanced electronic signature according to eIDAS. The fact that a service uses a certain login method does not in itself mean that the specific technical signature meets the legal requirements.

• Verify with the signing service in advance that it actually provides an advanced electronic signature for everyone who is to sign.
• Ensure that the witnesses are qualified and that the principal signs or confirms their signature in the simultaneous presence of two witnesses, even when signing electronically.
• Keep the signed original document and the verification information that may be needed to later verify the signatures.
• Check the recipient's practical procedures for receiving electronic advance healthcare directives and confirming the activation.

It is important to distinguish the right to create an electronic document from how a bank or authority verifies that the directive is valid and has taken effect. If necessary, the attorney-in-fact can apply for a court review pursuant to Sections 11–14. Read the steps to start using an advance healthcare directive.

What may the advance healthcare directive cover?

It may cover financial and personal matters, such as banking errands, payments, contracts, housing issues, and contacts with authorities – to the extent that this is written into the document and permitted by law.

Be especially clear regarding real estate, bank funds, gifts, compensation to the attorney-in-fact, and the possibility of hiring someone else. If gifts are not specifically regulated, the attorney-in-fact's right to give gifts is limited by law.

When does the advance healthcare directive take effect?

The directive enters into force when the situation specified in Section 1 has occurred. The main rule is that the attorney-in-fact assesses when this has happened. In the directive, you can stipulate that the activation should be determined by a court, and the attorney-in-fact can also request a court review themselves.

When the attorney-in-fact determines that the directive has taken effect, the principal, as well as their spouse or cohabitant and closest relatives, must be notified. If an examiner has been appointed, they must also be notified.

Read the separate guide Invoking an advance healthcare directive – how it works for the practical process.

Advance healthcare directive for banking – what works in practice?

An advance healthcare directive can cover bank accounts and other financial matters, but the bank needs to be able to verify the validity of the directive, that it has come into effect, and which actions are covered. Banks may have their own practical procedures, and the person appointed as attorney-in-fact must not use the principal's personal BankID. Thus, a valid directive does not automatically provide access to internet banking or a mobile app.

For details on bank handling, see the guide on bank power of attorney and the guide on starting to use an advance healthcare directive. Independent information is available from the Swedish Consumers' Banking and Finance Bureau.

Examiner, accounting, and abuse

The principal can appoint an examiner authorized to monitor the attorney-in-fact's activities. If no examiner has been appointed, a spouse, cohabitant, or close relatives may request an accounting under certain conditions. The supervisory authority (överförmyndaren) may also request accounting and information.

If the attorney-in-fact abuses the mandate, seriously neglects it, or proves incapable of safeguarding the principal's interests, the supervisory authority may decide that the directive may no longer be used, either in whole or in part.

Common mistakes to avoid

• waiting until the principal can no longer understand the meaning of the document,
• choosing witnesses without checking the rules on conflict of interest and kinship,
• being too vague about which matters are covered,
• including healthcare decisions despite the law explicitly exempting healthcare and dental care,
• not regulating gifts, fees, examination, or substitutes even though these matters are important,
• assuming a Swedish advance healthcare directive is automatically accepted by all foreign authorities or banks,
• believing an electronic directive can automatically be used in internet banking or that the principal's personal BankID may be used by the agent.

Advance healthcare directive or next-of-kin authority?

Next-of-kin authority under Chapter 17 of the Children and Parents Code is a more limited legal basis for ordinary legal acts linked to daily living. An advance healthcare directive can be drafted much more specifically and allows you to choose who should represent you. See our comparison between advance healthcare directive and next-of-kin authority.