How is a continuing power of attorney created?

A continuing power of attorney shall be in writing in the same way as a will. In the power of attorney, the donor appoints the donee, who shall have agreed to the task, and defines the scope of the power of attorney. The donor may authorize the donee to deal with matters regarding his or her property and other financial matters and, if the donor so wishes, also personal and health care matters.

Two qualified witnesses shall be simultaneously present when the donor signs the continuing power of attorney or acknowledges his or her signature. After that, the witnesses shall certify the power of attorney by their signatures. A close relative cannot act as a witness. The signed power of attorney shall either be given to the donee or the donee shall be otherwise informed thereof.

When drawing up a continuing power of attorney it may be advisable to ask for help from a legal aid office or a lawyer. The power of attorney can, of course, be revoked or amended.