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Guide for internationals

Framtidsfullmakt in Sweden: A Clear Guide for Internationals

What a Swedish lasting power of attorney (framtidsfullmakt) is, when you need one, the legal form requirements, and the mistakes that make it invalid.

Framtidsfullmakt – legal document from Avtalsfrid

A framtidsfullmakt is a Swedish lasting power of attorney: a document you sign while you are still healthy that lets a person you trust manage your financial and personal affairs if you later become unable to do so yourself, for example because of illness, dementia, or a serious accident. It is governed by a specific statute, the Lasting Powers of Attorney Act (Lag (2017:310) om framtidsfullmakter), which has been in force since July 2017.

For internationals living in Sweden, this is one of the more practical legal documents to understand. Without one, if you lose the ability to handle your own affairs, your family cannot simply step in. Instead, a court must appoint a deputy (god man) or administrator (förvaltare), which is slower, supervised by the public guardian authority (överförmyndaren), and outside your control. A framtidsfullmakt lets you decide in advance who acts for you and what they may do.

This guide explains, in plain English, what a framtidsfullmakt is, when it takes effect, the legal requirements that make it valid under Swedish law, and the common mistakes that make one fail. It keeps the Swedish terms in parentheses so you can match them against Swedish-language forms and official guidance. It is general information, not individual legal advice.

What is a framtidsfullmakt?

A framtidsfullmakt (lasting or future power of attorney) is a written authorisation in which you, the grantor (fullmaktsgivare), appoint one or more people, the attorney (fullmaktshavare), to represent you if you in the future become permanently unable to manage your affairs because of illness, mental disorder, weakened health, or a similar condition. The defining feature is that it is dormant when signed and only activates later, once you can no longer act for yourself. This is different from an ordinary power of attorney (fullmakt), which is used while you are still fully capable. The arrangement is regulated in detail by the Lasting Powers of Attorney Act (Lag (2017:310) om framtidsfullmakter), and the Swedish Tax Agency (Skatteverket) and the courts (Sveriges Domstolar) publish official guidance. There is no required government template and no public register; you draft the document yourself or with help and keep it privately.

When do you need one, and when does it take effect?

You need a framtidsfullmakt if you want to choose in advance who will handle your money, bills, housing, contracts, and similar matters should you lose decision-making capacity, rather than leaving that to a court-appointed god man or förvaltare. It is especially worth considering if you own property in Sweden, run a business, have a family that would otherwise face the court-appointed deputy process, or simply want to avoid the supervision of the public guardian authority (överförmyndaren). The document does not take effect when you sign it. Under the Act it becomes operative only when you can no longer look after the affairs it covers (section 9). In the standard model, the attorney (fullmaktshavare) themselves assesses that this point has been reached. You can, however, write into the document that a court (tingsrätt) must confirm that it has entered into force, and the attorney can in any case apply to the district court for such a confirmation under section 11. The court with jurisdiction is the one where you are registered as resident, with Stockholm District Court as the fallback.

What it can and cannot cover

A framtidsfullmakt can cover your economic and personal affairs (ekonomiska och personliga angelägenheter): paying bills, managing bank accounts and investments, dealing with the landlord or housing association, handling contracts, insurance, and tax matters, and similar everyday and financial decisions. You decide the scope, so you can make it broad or limit it to specific tasks. The law deliberately keeps certain matters out of its reach. It cannot be used to decide medical or healthcare treatment under the Health and Medical Services Act (hälso- och sjukvårdslagen 2017:30) or dental care under the Dental Care Act (tandvårdslagen 1985:125), and it cannot cover the most personal matters set out in the Children and Parents Code (föräldrabalken 12 kap. 2 §), such as entering into marriage, confirming paternity, or making a will. In other words, a framtidsfullmakt is a financial and practical instrument, not a healthcare directive (it is not the same as a living will).

Legal requirements that make it valid

The form requirements are strict, and getting them wrong is the main reason a framtidsfullmakt fails. To grant one you must be at least 18 years old and capable of managing your own affairs at the moment of signing (section 3). The document must be in writing (section 4). You must sign it, or confirm your existing signature, in the simultaneous presence of two witnesses, and the witnesses must understand that the document is a framtidsfullmakt and confirm it with their own signatures (section 4). The document itself must make clear that it is a framtidsfullmakt, name the attorney or attorneys, state which matters are covered, and state any other conditions, such as a requirement for court confirmation or the appointment of a monitor (granskare). The attorney you appoint cannot be one of the two witnesses, and other witness rules from the Inheritance Code (ärvdabalk 1958:637, 10 kap. 2 och 4 §§) apply: a witness may not be under 15, may not lack understanding of what witnessing means, and may not be your spouse, cohabitant (sambo), sibling, or a person in your direct ascending or descending line (parents, children, grandchildren) or the corresponding in-laws. From 1 July 2026 a new provision (section 4a) also allows signing with a qualified electronic signature under the EU eIDAS Regulation (910/2014), as an alternative to handwritten signatures and witnesses.

Oversight, revocation, and how it ends

You stay in control of the document for as long as you have capacity. A framtidsfullmakt cannot be made irrevocable (section 6), and you may revoke it at any time while you are still able to. To build in protection you can appoint a monitor (granskare) who oversees the attorney, and the law also gives your spouse, cohabitant, and closest relatives the right to ask the attorney for an annual account (section 24). The public guardian authority (överförmyndaren) has no routine supervision but can, on suspicion of misuse, demand reporting and ultimately prohibit further use of the power (sections 23 to 25). The attorney has a legal duty to act in your interest (section 15) and may not represent you where they have a conflict of interest (jäv). The framtidsfullmakt ceases to apply if a court later appoints a god man or förvaltare for the same matters (section 27), and ordinary agency rules govern what happens if you die or go bankrupt (section 28).

Common mistakes that make it fail

The most frequent and costly errors are formal. Using an invalid witness, most often the attorney themselves, a spouse, a cohabitant, an adult child, or another close relative, can void the document, because those people are barred from witnessing. Not having both witnesses present at the same time when you sign is another classic failure; the two witnesses must be simultaneously present, not sign separately on different days. Leaving out the words and intent that show the document is specifically a framtidsfullmakt, rather than an ordinary power of attorney, creates doubt about its validity. Other practical pitfalls include trying to use it for healthcare decisions (which it legally cannot cover), drafting it so vaguely that banks refuse to act on it, naming a single attorney with no substitute (so it fails if that person cannot serve), and storing it so carelessly that no one can find the original when it is needed. Because there is no central register, telling your attorney where the signed original is kept is essential. Finally, signing once you have already lost capacity is too late: you must have capacity at the moment of signing, which is why the document should be made well in advance.

FAQ

Do I have to be a Swedish citizen to make a framtidsfullmakt?

No. The Lasting Powers of Attorney Act does not require citizenship. What matters is that you are at least 18 and capable of managing your own affairs when you sign. As a practical matter the document is most useful if you live in or have assets in Sweden, since Swedish banks and authorities are the ones who will act on it, and a Swedish court (tingsrätt) handles any confirmation of when it takes effect.

Does a framtidsfullmakt need to be registered or stamped by an authority?

No. There is no public register and no authority that approves or registers a framtidsfullmakt. The Swedish Tax Agency (Skatteverket) does not keep one, and the courts only become involved if confirmation that it has entered into force is requested. You keep the signed original yourself and should tell your appointed attorney (fullmaktshavare) where it is, because they will need the original document to act.

Can a framtidsfullmakt cover medical or healthcare decisions?

No. By law it is limited to your economic and personal affairs and cannot be used for decisions under the Health and Medical Services Act or the Dental Care Act, nor for highly personal matters such as marriage or making a will. It is a financial and practical document, not a healthcare directive or living will. Healthcare decisions for someone who cannot consent are handled through the separate rules of the Swedish healthcare system.

What happens if I do not have a framtidsfullmakt and lose capacity?

Then no one can automatically act for you across all your affairs. A court would normally appoint a deputy (god man) or, in more serious cases, an administrator (förvaltare), supervised by the public guardian authority (överförmyndaren). That process is slower, is not chosen by you, and is subject to ongoing oversight. A framtidsfullmakt lets you avoid it by choosing your representative and the scope in advance.

Can I have more than one attorney, and can I cancel the document later?

Yes to both. You can name several attorneys (fullmaktshavare), for example a primary one and a substitute, and define whether they act jointly or separately. You can also revoke the framtidsfullmakt at any time while you still have capacity, because it cannot be made irrevocable. You may additionally appoint a monitor (granskare) to check how the attorney uses the power.

Can I sign a framtidsfullmakt electronically?

From 1 July 2026 a new provision in the Act allows signing with a qualified electronic signature under the EU eIDAS Regulation as an alternative to a handwritten signature with two witnesses. Before that date, and as the safe default, the traditional method applies: a written document signed by you in the simultaneous presence of two qualified witnesses who confirm it is a framtidsfullmakt.

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