Enduring power of attorney or next-of-kin authority – what is the difference?

By Mallbutiken · Facts verified October 1, 2026

An enduring power of attorney (framtidsfullmakt) and statutory authority for next-of-kin (anhörigbehörighet) may both become relevant when an adult is no longer able to manage their affairs, but they are different systems. The enduring power of attorney is established by the individual themselves in advance. The statutory authority for next-of-kin follows directly from Chapter 17 of the Swedish Children and Parents Code and is limited to ordinary financial legal transactions related to daily life.

When does statutory authority for next-of-kin apply?

According to Chapter 17, Section 1 of the Children and Parents Code, statutory authority for next-of-kin applies if it is obvious that an adult, due to illness, mental disorder, weakened health, or similar, is no longer able to manage their financial affairs. The situation must have occurred after the age of 18.

It is the next-of-kin who assesses whether the authority applies. In cases of doubt, one should therefore be cautious about using this legal basis for major or unusual actions.

Which next-of-kin are eligible?

The Children and Parents Code specifies the following order: spouse or cohabitant, children, grandchildren, parents, siblings, and nieces/nephews. If several persons are at the same level, they generally represent the individual jointly, but they may grant each other power of attorney.

What are next-of-kin permitted to do?

The authority is limited to ordinary legal transactions related to daily life. The legislative history mentions, for example, payments related to housing, transport, social services, telephone, insurance, and similar everyday finances.

It is therefore not a general authorization to sell real estate, make large investments, or handle all financial and personal matters.

When is an enduring power of attorney broader?

A person establishing an enduring power of attorney can choose the attorney-in-fact themselves and specify which financial and personal matters should be covered. This makes the instrument more planned and flexible than the statutory authority for next-of-kin. However, the enduring power of attorney may not include healthcare, dental care, or certain highly personal matters.

Which system applies if both could be used?

The statutory authority for next-of-kin does not apply to matters where the individual is already represented by an enduring power of attorney holder, a legal guardian (god man), or an administrator (förvaltare). An enduring power of attorney can thus supersede the statutory authority for next-of-kin within the matters covered by the power of attorney.

What happens if the needs are greater?

If the person needs to be represented in matters that are not covered by the statutory authority for next-of-kin or an existing enduring power of attorney, legal guardianship (godmanskap) or administration (förvaltarskap) may be relevant. Administration is a more intrusive form of representation and is decided by a court.

Checklist for the family

• Does a valid enduring power of attorney already exist?
• What matters does it cover?
• Is the action in question merely ordinary everyday finances?
• Who is first in the order of the statutory authority for next-of-kin?
• Are there multiple next-of-kin at the same level who must act jointly?
• Is a legal guardian or administrator needed for larger or more complicated matters?