Fullmäktigande

Fullmäktigande is a Swedish legal term that translates to "power of attorney" or "authorization." It refers to the legal act where one person, the principal (fullmäktig), grants another person, the agent (ombud), the authority to act on their behalf in certain matters. This authorization can be broad or specific, covering financial, legal, or personal decisions.

The fullmäktigande is typically documented in writing, outlining the scope of the agent's powers, the duration of the authorization, and any limitations. It is crucial for the principal to clearly define the extent of the authority granted to avoid misunderstandings or misuse of power. The agent has a fiduciary duty to act in the best interest of the principal and in accordance with the terms of the authorization.

There are different types of fullmäktigande. A general power of attorney allows the agent to handle a wide range of affairs, while a special or limited power of attorney restricts the agent's authority to specific tasks or transactions. A general power of attorney can be revoked by the principal at any time, provided they are of sound mind. A special power of attorney typically terminates once the specified task is completed or the specified period has elapsed.

In situations where a person becomes unable to manage their own affairs due to illness or incapacity, a fullmäktigande can be a valuable tool for ensuring their needs are met. However, if no such authorization exists, and the person is deemed incapacitated, a court may need to appoint a legal guardian or administrator. The creation and execution of a fullmäktigande should be done with careful consideration and, if necessary, with legal advice to ensure it accurately reflects the principal's wishes and intentions.