The Power of Attorney in Belgium
The Power of Attorney in BelgiumUpdated on Friday 11th September 2015
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An empowering document
A power of attorney is a legal document through which one individual (the grantor) authorizes another individual (the agent) to perform acts on behalf of him/her or a business. The agreement takes place only if accepted by the agent and it is only valid if signed by the grantor.
A power of attorney in Belgium is useful for foreign investors who want their affairs to be handled by someone in Belgium when they cannot be present in the country. The experts at our Belgian law firm can help you draw up such a document and act as an attorney-in-fact.
Types of power of attorney in Belgium
A power of attorney is concluded in writing and it can also be signed and stamped by a notary public in Belgium. There are two types of power of attorney, each suited for different needs: the general power of attorney and the special power of attorney.
A general power of attorney allows the agent to look after all of the grantor’s affairs, usually administrative matters. The special power of attorney only allows the proxy to perform a specific task that has been entrusted to him/her. In this last case, the power of attorney will state which actions have to be performed by the appointed individual.
A durable power of attorney remains effective even if the grantor becomes incapacitated. These documents are used for health care purposes, when the principal can no longer take such decisions.
Capacities and limitations
The power of attorney can be terminated at any time by the grantor or if the agent no longer wishes to execute it or renounces it. The document is also terminated following the death, legal restraint or bankruptcy of the grantor or agent.
Our attorneys in Belgium can help you draw up some of the most popular types of power of attorney in Belgium, like the ones empowering individuals for the sale or purchase of real estate in Belgium, opening a bank account, singing for and on behalf of another individual and others.
For more information about the power of attorney in Belgium you can contact our Belgian law firm.