What if, due to illness or an accident, you are no longer able to manage your own affairs? Who will pay your bills? Who will keep your business running? Who will manage the rental of your beachfront apartment? Who will make the decision when it comes to choosing a care facility?
A healthcare proxy can be used to arrange this and much more. A healthcare proxy not only provides peace of mind, but also prevents many practical problems. We’ll explain this using the 6 most frequently asked questions.
1. What is a health care power of attorney?
A health care proxy is an agreement in which you appoint a confidant means to act on your behalf actions to ask when you can't do it on your own anymore. Just think of dementia or a coma. In that case, you are the ‘principal.’ The person you designate is the ‘agent.’ You can appoint one or more agents.
In most cases, this refers primarily to spouses and/or children, but it can also outside the family be elected. The law distinguishes between family and professional representatives. Starting September 1, 2027, professional agents must meet specific legal requirements and be listed in an official registry.
2. What can be included in a health care power of attorney?
The power of attorney may spacious be formatted or just limited. The actions covered by the power of attorney may relate to both your wealth (such as making daily payments, making decisions for your business, or selling real estate) as well as personal matters (for example, choosing a healthcare facility).
The healthcare proxy may also provide that a specific agent (e.g., your spouse) always only can decide or foresee that certain key decisions together Decisions must be made with other beneficiaries (e.g., your children).
In other words, you have a great freedom when drafting the terms of your personal health care power of attorney. Drafting a good health care power of attorney is therefore customized legal services.
3. When does the power of attorney take effect, and when does it end?
It's up to you yourself When the health care proxy may be used.
This allows you to specify that your agent may only act once you legally incompetent occurs when, in other words, you are no longer of sound mind. The power of attorney may specify how This incapacity must be established, for example, on the basis of medical reports prepared by two doctors. The process can be more stringent, or it can be less formal.
You can also stipulate that the power of attorney already in the past may be used, for example, when physical difficulties make it hard to manage your own paperwork or take care of practical matters.
In principle, the power of attorney is valid for the life of the principal. It may also end earlier. If you lose confidence in your agent and are still capable, you can revoke the power of attorney. The power of attorney also ends upon the expiration of its term if a specific term was specified.
When there are suspicions of abuse or if the principal’s interests are at risk, the justice of the peace be contacted. That person can exercise the health care proxy change, suspend, or appoint an administrator yourself.
4. How do you draw up a health care proxy?
A health care proxy is in writing drawn up. Notarial involvement is required if the agent notarial acts should be able to do. Think of selling a house or making a notarized gift.
A health care proxy—whether private or notarized—must be registered in the Central Registry for Complaints. This makes it easy for any notary in Belgium to determine whether a power of attorney for health care exists for a particular person. Without this registration, the power of attorney will have no legal effect.
At the time you sign the health care proxy, you must legally competent and thus remain of sound mind. Anyone who notices the first signs of early-stage dementia but is still largely lucid can, in principle, still arrange for a power of attorney, but it’s best not to wait too long to do so.
5. What if you don't have a health care proxy?
If you haven't drawn up a health care power of attorney and you become legally incompetent, then someone must legal proceedings be initiated if certain decisions need to be made.
The justice of the peace then issues a trustee who represents your interests. This is often a family member, but in the event of a disagreement, it can also be someone else, such as a lawyer. The justice of the peace will then determine what actions may be taken by the guardian. This can complicate certain actions, such as a gift (made on one’s deathbed).
Such governance leads to additional formalities, costs, and review by the justice of the peace . However, with a customized power of attorney for health care, you decide for yourself who may manage your affairs and under what conditions.
6. How can we help you?
A health care proxy means custom work. This should be considered in a broader context. Our pro experts ensure that the contents of your health care proxy are fully in line with Your (Financial) Planning and that the continuity is guaranteed for your business(es).