Framtidsfullmakter och finansinstitut: Ett fungerande system?

Sammanfattning: In 2017, the Act on powers of attorney for the future (2017:310) was adopted with the aim of serving as an alternative to the system for limited guardians and administrators in the Parental Code (1949:381). The Act was introduced to give individuals the opportunity to control their future financial and person-al affairs. The goal of the new legislation was to increase the individual´s integrity and right to self-determination. Future powers of attorney are a form of power of attorney in which the grantor issues a power of attorney that will inter into force at a future date. The Act contains, among other things, formal requirements for the type of power of attorney and rules on how the proxy holder is to fulfill his or her duties, as well as rules on when the power of attorney enters into force. How-ever, the law does not regulate how the powers of attorney should be handled by third parties who receive them. In addition, many banks and financial institutions choose not to receive the proxies. The lack of regulation creates problems since individuals’ risk not being able to use their future power of attorney and the law may loses its purpose. Third parties’ reluctance to receive the powers of attorney can to some extent be explained by the duty they have to investigate through regulations in the Contracts Act (1915:218) and money laundering legislation. If a third party is in bad faith, there is a risk that the contract will be adjusted or voided in accordance with the general clause in 36 § in the Contracts Act or that it will be subject to sanctions under the anti-money laundering legislation. Two solutions to the problem have been proposed; either a public law control of future powers of attorney or a public register of deputies. The solution rep-resents different interests which ultimately becomes political statements. What is clear, however, is that a change in the law needs to be introduced for an absolute obligation for third parties to accept the future powers of attorney.