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Power Of Attorney Declaration Template for Belgium

A Power of Attorney Declaration under Belgian law is a formal legal document that authorizes one person (the attorney-in-fact) to act on behalf of another (the grantor) in specified matters. This document, governed by the Belgian Civil Code and related legislation, can grant broad or limited powers for personal, medical, financial, or business matters. It must comply with Belgian formal requirements, including potential notarization for certain types of powers, and can be valid either for a specified period or until explicitly revoked. The document includes detailed specifications of granted powers, obligations of the attorney-in-fact, and provisions for termination or revocation.

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What is a Power Of Attorney Declaration?

A Power of Attorney Declaration is a crucial legal instrument in Belgian law that enables individuals or organizations to delegate decision-making authority to trusted representatives. This document is essential when someone needs another person to act on their behalf, whether due to absence, incapacity, or business efficiency. It can be used for various purposes, from handling specific one-time transactions to managing comprehensive long-term affairs. Under Belgian law, POAs must meet specific formal requirements, potentially including notarization for certain powers. The document specifies the scope of authority, duration, and conditions under which the powers are granted, while also outlining the obligations and limitations of the attorney-in-fact. It's particularly relevant in situations involving international business transactions, healthcare decisions, property management, or when someone is temporarily or permanently unable to manage their affairs.

What sections should be included in a Power Of Attorney Declaration?

1. Identification of Parties: Full legal names, addresses, and identification numbers of both the grantor (principal) and the attorney-in-fact (agent)

2. Date and Duration: Effective date of the power of attorney and its duration (specific term or until revoked)

3. Scope of Authority: Detailed description of the powers being granted to the attorney-in-fact, including specific authorities and any limitations

4. Powers Granted: Explicit listing of all powers being conferred to the attorney-in-fact

5. Obligations of the Attorney-in-Fact: Description of the duties and responsibilities of the attorney-in-fact, including duty of care and loyalty

6. Revocation Provisions: Terms and conditions under which the power of attorney can be revoked or terminated

7. Governing Law: Statement that the power of attorney is governed by Belgian law

8. Execution: Signature block for all parties, including space for notarization if required

What sections are optional to include in a Power Of Attorney Declaration?

1. Successor Attorney-in-Fact: Used when appointing backup attorneys-in-fact in case the primary agent cannot serve

2. Medical Powers: Include when granting authority for medical and healthcare decisions

3. Real Estate Powers: Include when granting specific authority for real estate transactions

4. Banking and Financial Powers: Include when granting authority for financial and banking transactions

5. Digital Assets and Social Media: Include when granting authority over digital assets and online accounts

6. Compensation Provisions: Include when the attorney-in-fact is to be compensated for their services

7. Foreign Usage Clause: Include when the POA is intended to be used in other EU countries or internationally

What schedules should be included in a Power Of Attorney Declaration?

1. Schedule A - Specific Assets: Detailed list of specific assets covered by the power of attorney

2. Schedule B - Excluded Powers: List of specific powers explicitly excluded from the attorney-in-fact's authority

3. Appendix 1 - Identity Documents: Copies of identification documents of all parties

4. Appendix 2 - Certificate of Capacity: Medical certificate confirming the grantor's mental capacity (if required)

5. Appendix 3 - Acceptance Form: Formal acceptance of appointment by the attorney-in-fact

Authors

Alex Denne

Head of Growth (Open Source Law) @ ֱ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

ֱ

Document Type

Declaration Form

Cost

Free to use

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